Campbell et al v. Facebook Inc.

Filing 199

NOTICE by Facebook Inc. Joint Notice of Refiling of Documents Accompanying Class Certification Briefs and Evidentiary Objections (Attachments: # 1 Ex. 1 - Replacement for Dkt. 178-1, # 2 Ex. 2 - Replacement for Dkt. 183-4, # 3 Ex. 3 - Replacement for Dkt. 179-1, # 4 Ex. 4 - Replacement for Dkt. 184-3, # 5 Ex. 5 - Replacement for Dkt. 179-2, # 6 Ex. 6 - Replacement for Dkt. 179-3, # 7 Ex. 7 - Replacement for Dkt. 179-4, # 8 Ex. 8 - Replacement for Dkt. 179-5, # 9 Ex. 9 - Replacement for Dkt. 179-6, # 10 Ex. 10 - Replacement for Dkt. 179-7, # 11 Ex. 11 - Replacement for Dkt. 179-10, # 12 Ex. 12 - Replacement for Dkt. 179-11, # 13 Ex. 13 - Replacement for Dkt. 179-12, # 14 Ex. 14 - Replacement for Dkt. 179-13, # 15 Ex. 15 - Replacement for Dkt. 179-14, # 16 Ex. 16 - Replacement for Dkt. 179-15, # 17 Ex. 17 - Replacement for Dkt. 179-16, # 18 Ex. 18 - Replacement for Dkt. 179-17, # 19 Ex. 19 - Replacement for Dkt. 179-18, # 20 Ex. 20 - Replacement for Dkt. 179-20, # 21 Ex. 21 - Replacement for Dkt. 180-2, # 22 Ex. 22 - Replacement for Dkt. 180-3, # 23 Ex. 23 - Replacement for Dkt. 184-9, # 24 Ex. 24 - Replacement for Dkt. 180-7, # 25 Ex. 25 - Replacement for Dkt. 180-9, # 26 Ex. 26 - Replacement for Dkt. 180-12, # 27 Ex. 27 - Replacement for Dkt. 180-17, # 28 Ex. 28 - Replacement for Dkt. 180-18, # 29 Ex. 29 - Replacement for Dkt. 180-19, # 30 Ex. 30 - Replacement for Dkt. 180-20, # 31 Ex. 31 - Replacement for Dkt. 180-21, # 32 Ex. 32 - Replacement for Dkt. 180-22, # 33 Ex. 33 - Replacement for Dkt. 180-23, # 34 Ex. 34 - Replacement for Dkt. 178-5)(Chorba, Christopher) (Filed on 6/15/2016)

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GIBSON, DUNN & CRUTCHER LLP
JOSHUA A. JESSEN, SBN 222831
[e-mail]
JEANA BISNAR MAUTE, SBN 290573
[e-mail]
PRIYANKA RAJAGOPALAN, SBN 278504
[e-mail]
ASHLEY M. ROGERS, SBN 286252
[e-mail]
1881 Page Mill Road
Palo Alto, California 94304
Telephone: [phone]
Facsimile: [phone]
GIBSON, DUNN & CRUTCHER LLP
CHRISTOPHER CHORBA, SBN 216692
[e-mail]
333 South Grand Avenue
Los Angeles, California 90071
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
FACEBOOK, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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MATTHEW CAMPBELL and MICHAEL
HURLEY,
Plaintiffs,
v.

Case No. C 13-05996 PJH
JOINT NOTICE OF REFILING OF
DOCUMENTS ACCOMPANYING CLASS
CERTIFICATION BRIEFS AND
EVIDENTIARY OBJECTIONS

FACEBOOK, INC.,
Defendant.

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Gibson, Dunn &
Crutcher LLP

JOINT NOTICE OF REFILING OF DOCUMENTS ACCOMPANYING CLASS CERTIFICATION BRIEFS AND EVIDENTIARY
OBJECTIONS - Case No. C 13-05996 PJH

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Pursuant to this Court’s Order dated May 18, 2016 (Dkt. 193), Plaintiffs and Defendant

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Facebook, Inc. jointly file replacement versions of the following documents accompanying their class

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certification briefs and evidentiary objections:

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(1) Plaintiffs’ Motion for Class Certification (Dkt. 178-1): Plaintiffs’ Motion for Class

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Certification, and Exhibits 2-3, 5-11, 14-18, 27-30 and 34 to the Declaration of Melissa Gardner in

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Support of Plaintiffs’ Motion for Class Certification (“Gardner Cert. Declaration”);

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(2) Defendant Facebook, Inc.’s Opposition to Plaintiffs’ Motion for Class Certification

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(Dkt. 178-2): Exhibits BB, CC, EE, and KK to the Declaration of Christopher Chorba In Support of

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Defendant Facebook, Inc.’s Opposition to Plaintiffs’ Motion for Class Certification (“Chorba

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Declaration”); and Exhibit NN to the Declaration of Alex Himel In Support of Defendant Facebook,

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Inc.’s Opposition to Plaintiffs’ Motion for Class Certification (“Himel Declaration”);

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(3) Plaintiffs’ Reply in Support of Motion for Class Certification (Dkt. 178-3): Exhibits 7
and 14-20 to the Declaration of David Slade in Support of Plaintiffs’ Motion for Class Certification
(“Slade Cert. Declaration”); and
(4) Plaintiffs’ Response to Defendants’ “Objection To and Request to Strike New
Evidence and Misstatements of Fact” (Dkt. 178-5).
In its May 18 Order, this Court granted the parties’ joint administrative motion to seal
documents accompanying class certification briefs and evidentiary objections (Dkt. 181), including
Plaintiffs’ requests to seal (1) representations of the specific content of Plaintiffs’ Facebook
messages, and (2) information concerning third parties’ private affairs disclosed nowhere in public
filings and not relevant to the merits of the motion for class certification; and Facebook’s requests to
seal (1) information regarding the processes and functionality of Facebook’s security and anti-abuse
products and systems, (2) source code, and (3) the names of internal tables in Facebook’s databases.
(Dkt. 192.) The Court also clarified its prior ruling that the parties could redact the “names of people
who are not parties to the suit” (Dkt. 177 at 105), indicating that the Court had intended to “confine
that ruling to the names of non-representative class members,” not to the named Plaintiffs or
Facebook employees. (Id.) Accordingly, the Court ordered the parties to re-file their briefs and
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JOINT NOTICE OF REFILING OF DOCUMENTS ACCOMPANYING CLASS CERTIFICATION BRIEFS AND EVIDENTIARY
OBJECTIONS - Case No. C 13-05996 PJH

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exhibits and evidentiary objections with the names of the named Plaintiffs and Facebook employees

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unredacted by June 15, 2016. (Id.)

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Plaintiffs’ Motion for Class Certification (Dkt. 178-1)

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Attached as Exhibit 1 is a true and correct copy of Plaintiffs’ Motion for Class Certification,
filed at Dkt. 178-1. Exhibit 1 contains no redactions.
Attached as Exhibit 2 is a true and correct copy of a redacted version of Exhibit 2 to the

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Gardner Cert. Declaration, filed at Dkt. 183-4. The Court granted Facebook’s motion to seal the

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source code at 6:15-18, 6:21-22; 7:9-16; 10:15-17; 10:19-20; 10:22-23; 10:25-26; 11:1-2, 11:4-6;

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11:7; 12:5-6; 13:19; 14:13-14; 14:25-26; 15:4-5; 15:10-11; 15:23; 15:25; 15:27; 16:1; 16:3; 16:8;

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16:13; 23:10-26; 24:1-14; 26:23-24; 27:18-24; 28:24-26; and 29:4-9 (see Dkt. 192). The only other

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redactions in Exhibit 2 are by Plaintiffs, and they are of the Facebook ID of one of the Plaintiffs (at

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28:9-13).

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Attached as Exhibit 3 is a true and correct copy of Exhibit 3 to the Gardner Cert. Declaration,
filed at Dkt. 179-1. Exhibit 3 contains no redactions.
Attached as Exhibit 4 is a true and correct copy of a redacted version of Exhibit 5 to the

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Gardner Cert. Declaration, filed at Dkt. 184-3. The Court granted Facebook’s motion to seal the

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names of an internal table in Facebook’s database at 232:14 (see Dkt. 192), and Exhibit 4 also

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contains a redaction by Facebook of a Facebook employee’s Facebook ID (see 270:3).

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Attached as Exhibit 5 is a true and correct copy of a redacted version of Exhibit 6 to the

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Gardner Cert. Declaration, filed at Dkt. 179-2. The only redactions in Exhibit 5 are by Facebook, and

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they are of Facebook employees’ email addresses and a Facebook employee’s phone number.

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Attached as Exhibit 6 is a true and correct copy of a redacted version of Exhibit 7 to the

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Gardner Cert. Declaration, filed at Dkt. 179-3. The only redactions in Exhibit 6 are by Facebook, and

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they are of Facebook employees’ email addresses and a Facebook employee’s phone number.

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Crutcher LLP

Attached as Exhibit 7 is a true and correct copy of Exhibit 8 to the Gardner Cert. Declaration,
filed at Dkt. 179-4. Exhibit 7 contains no redactions.
Attached as Exhibit 8 is a true and correct copy of Exhibit 9 to the Gardner Cert. Declaration,
filed at Dkt. 179-5. Exhibit 8 contains no redactions.
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JOINT NOTICE OF REFILING OF DOCUMENTS ACCOMPANYING CLASS CERTIFICATION BRIEFS AND EVIDENTIARY
OBJECTIONS - Case No. C 13-05996 PJH

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Attached as Exhibit 9 is a true and correct copy of a redacted version of Exhibit 10 to the

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Gardner Cert. Declaration, filed at Dkt. 179-6. The only redactions in Exhibit 9 are by Facebook, and

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they are of Facebook employees’ email addresses.

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Attached as Exhibit 10 is a true and correct copy of Exhibit 11 to the Gardner Cert.
Declaration, filed at Dkt. 179-7. Exhibit 10 contains no redactions.
Attached as Exhibit 11 is a true and correct copy of Exhibit 14 to the Gardner Cert.
Declaration, filed at Dkt. 179-10. Exhibit 11 contains no redactions.

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Attached as Exhibit 12 is a true and correct copy of a redacted version of Exhibit 15 to the

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Gardner Cert. Declaration, filed at Dkt. 179-11. The only redaction in Exhibit 12 is by Facebook,

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and it is of a Facebook employee’s email address.
Attached as Exhibit 13 is a true and correct copy of Exhibit 16 to the Gardner Cert.
Declaration, filed at Dkt. 179-12. Exhibit 13 contains no redactions.
Attached as Exhibit 14 is a true and correct copy of a redacted version of Exhibit 17 to the

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Gardner Cert. Declaration, filed at Dkt. 179-13. The only redactions in Exhibit 14 are by Facebook,

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and they are of Facebook employees’ email addresses and a non-party’s name and email address.

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Attached as Exhibit 15 is a true and correct copy of a redacted version of Exhibit 18 to the

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Gardner Cert. Declaration, filed at Dkt. 179-14. The only redactions in Exhibit 15 are by Facebook,

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and they are of Facebook employees’ email addresses.

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Attached as Exhibit 16 is a true and correct copy of a redacted version of Exhibit 27 to the

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Gardner Cert. Declaration, filed at Dkt. 179-15. The only redactions in Exhibit 16 are by Facebook,

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and they are of Facebook employees’ email addresses and a non-party’s name and email address.

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Attached as Exhibit 17 is a true and correct copy of a redacted version of Exhibit 28 to the

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Gardner Cert. Declaration, filed at Dkt. 179-16. The only redactions in Exhibit 17 are by Facebook,

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and they are of Facebook employees’ email addresses.

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Crutcher LLP

Attached as Exhibit 18 is a true and correct copy of Exhibit 29 to the Gardner Cert.
Declaration, filed at Dkt. 179-17. Exhibit 18 contains no redactions.
Attached as Exhibit 19 is a true and correct copy of a redacted version of Exhibit 30 to the
Gardner Cert. Declaration, filed at Dkt. 179-18. The only redactions in Exhibit 19 are by Facebook,
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JOINT NOTICE OF REFILING OF DOCUMENTS ACCOMPANYING CLASS CERTIFICATION BRIEFS AND EVIDENTIARY
OBJECTIONS - Case No. C 13-05996 PJH

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and they are of Facebook employees’ email addresses.

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Attached as Exhibit 20 is a true and correct copy of a redacted version of Exhibit 34 to the Gardner

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Cert. Declaration, filed at Dkt. 179-20. The only redactions in Exhibit 20 are by Facebook, and they

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are of Facebook employees’ email addresses.

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Defendant Facebook’s Opposition to Plaintiffs’ Motion for Class Certification (Dkt. 178-2):

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Attached as Exhibit 21 is a true and correct copy of a redacted version of Exhibit BB to the

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Chorba Declaration, filed at Dkt. 180-2. The only redactions in Exhibit 21 are by Facebook, and they

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are of the home address of a Facebook employee (see Errata 9:23) and the email address of a

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Facebook employee (see 50:20).

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Attached as Exhibit 22 is a true and correct copy of a redacted version of Exhibit CC to the

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Chorba Declaration, filed at Dkt. 180-3. The only redactions in Exhibit 22 are by Facebook, and they

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are of source code (see Errata pp. 3-4). Pursuant to the Court’s previous order, these redactions did

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not require the Court’s further approval. (Dkt. 174.)

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Attached as Exhibit 23 is a true and correct copy of a redacted version of Exhibit EE to the

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Chorba Declaration, filed at Dkt. 184-9. The Court granted Facebook’s motion to seal the names of

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internal tables in Facebook’s databases at 293:6; 292:23; 293:6; 293:7; 293:17; 294:6; 295:16;

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295:22; 296:4; 342:19; 342:21; 343:9; and 343:14. (See Dkt. 192.) Facebook also redacted the

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source code at 294:4; 305:20; 307:22; 308:5. Pursuant to the Court’s previous order, such redactions

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did not require the Court’s further approval. (Dkt. 174.) Exhibit 23 contains no other redactions.

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Attached as Exhibit 24 is a true and correct copy of Exhibit KK to the Chorba Declaration,
filed at Dkt. 180-7. Exhibit 24 contains no redactions.
Attached as Exhibit 25 is a true and correct copy of a redacted version of Exhibit NN to the

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Himel Declaration, filed at Dkt. 180-9. Exhibit 25 contains no redactions.

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Plaintiffs’ Reply in Support of Motion for Class Certification (Dkt. 178-3)

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Attached as Exhibit 26 is a true and correct copy of a redacted version of Exhibit 7 to the

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Slade Cert. Declaration, filed at Dkt. 180-12. Redactions in Exhibit 26 are by both Facebook and

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Plaintiffs, and they are of the email address and Facebook ID of one of the Plaintiffs, and the email

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address and Facebook ID of a non-party (specifically, an absent class member).

Gibson, Dunn &
Crutcher LLP

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JOINT NOTICE OF REFILING OF DOCUMENTS ACCOMPANYING CLASS CERTIFICATION BRIEFS AND EVIDENTIARY
OBJECTIONS - Case No. C 13-05996 PJH

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Attached as Exhibit 27 is a true and correct copy of a redacted version of Exhibit 14 to the

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Slade Cert. Declaration, filed at Dkt. 180-17. Redactions in Exhibit 27 are by both Facebook and

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Plaintiffs, and they are of the email address and Facebook ID of one of the Plaintiffs, and the name,

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email address, and Facebook ID of a non-party (specifically, an absent class member).

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Attached as Exhibit 28 is a true and correct copy of a redacted version of Exhibit 15 to the

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Slade Cert. Declaration, filed at Dkt. 180-18. Redactions in Exhibit 28 are by both Facebook and

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Plaintiffs, and they are of the email address and Facebook ID of one of the Plaintiffs, and the name,

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email address, and Facebook ID of a non-party (specifically, an absent class member).

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Attached as Exhibit 29 is a true and correct copy of a redacted version of Exhibit 16 to the

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Slade Cert. Declaration, filed at Dkt. 180-19. Redactions in Exhibit 29 are by both Facebook and

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Plaintiffs, and they are of the email address and Facebook ID of one of the Plaintiffs, and the name,

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email address, and Facebook ID of a non-party (specifically, an absent class member).

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Attached as Exhibit 30 is a true and correct copy of a redacted version of Exhibit 17 to the

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Slade Cert. Declaration, filed at Dkt. 180-20. Redactions in Exhibit 30 are by both Facebook and

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Plaintiffs, and they are of the email address and Facebook ID of one of the Plaintiffs, and the name,

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email address, and Facebook ID of a non-party (specifically, an absent class member).

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Attached as Exhibit 31 is a true and correct copy of a redacted version of Exhibit 18 to the

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Slade Cert. Declaration, filed at Dkt. 180-21. Redactions in Exhibit 31 are by both Facebook and

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Plaintiffs, and they are of the email address and Facebook ID of one of the Plaintiffs, and the names,

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email addresses, and Facebook IDs of non-parties (specifically, absent class members).

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Attached as Exhibit 32 is a true and correct copy of a redacted version of Exhibit 19 to the

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Slade Cert. Declaration, filed at Dkt. 180-22. Redactions in Exhibit 32 are by both Facebook and

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Plaintiffs, and they are of the email address and Facebook ID of one of the Plaintiffs, and the name,

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email address, and Facebook ID of a non-party (specifically, an absent class member).

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Attached as Exhibit 33 is a true and correct copy of a redacted version of Exhibit 20 to the

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Slade Cert. Declaration, filed at Dkt. 180-23. Redactions in Exhibit 33 are by both Facebook and

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Plaintiffs, and they are of the email address and Facebook ID of one of the Plaintiffs, and the name,

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email address, and Facebook ID of a non-party (specifically, an absent class member).

Gibson, Dunn &
Crutcher LLP

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JOINT NOTICE OF REFILING OF DOCUMENTS ACCOMPANYING CLASS CERTIFICATION BRIEFS AND EVIDENTIARY
OBJECTIONS - Case No. C 13-05996 PJH

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Plaintiffs’ Response to Defendants’ “Objection To and Request to Strike New Evidence and
Misstatements of Fact” (Dkt. 178-5)
Attached as Exhibit 34 is a true and correct copy of Plaintiffs’ Response to Defendants’
“Objection To and Request to Strike New Evidence and Misstatements of Fact,” filed at Dkt. 178-5.
Exhibit 34 contains no redactions.
Dated: June 15, 2016

Respectfully submitted,
LIEFF CABRASER HEIMANN & BERNSTEIN, LLP
By:

/s/
Michael W. Sobol
Attorneys for Plaintiffs

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GIBSON, DUNN & CRUTCHER LLP

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By:

/s/
Christopher Chorba

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Attorneys for Defendant FACEBOOK, INC.

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JOINT NOTICE OF REFILING OF DOCUMENTS ACCOMPANYING CLASS CERTIFICATION BRIEFS AND EVIDENTIARY
OBJECTIONS - Case No. C 13-05996 PJH