Campbell et al v. Facebook Inc.

Filing 205

Administrative Motion to File Under Seal re Plaintiffs' Motions to Compel Discovery filed by Matthew Campbell, Michael Hurley. (Attachments: # 1 Proposed Order, # 2 Certificate/Proof of Service, # 3 Declaration of Melissa Gardner, # 4 Exhibit A (Unredacted) Motion to Compel Source Code, # 5 Exhibit B (Redacted) Motion to Compel Source Code, # 6 Exhibit C (Unredacted) Motion to Compel Configuration Tables, # 7 Exhibit D (Redacted) Motion to Compel Configuration Tables, # 8 Exhibit E (Unredacted) Motion to Compel Production of Documents, # 9 Exhibit F (Redacted) Motion to Compel Documents, # 10 Exhibit G (Unredacted) Declaration of Dr. Jennifer Golbeck, # 11 Exhibit H (Redacted) Declaration of Dr. Jennifer Golbeck, # 12 Exhibit I (Unredacted) Rudolph Decl. Ex. 1, # 13 Exhibit J (Redacted) Rudolph Decl. Ex. 1, # 14 Exhibit K (Unredacted) Rudolph Decl. Ex. 11, # 15 Exhibit L (Redacted) Rudolph Decl. Ex. 11, # 16 Exhibit M - Rudolph Decl. Ex. 5 (under seal), # 17 Exhibit N - Rudolph Decl. Ex. 7 (under seal), # 18 Exhibit O - Rudolph Decl. Ex. 8 (under seal), # 19 Exhibit P - Rudolph Decl. Ex. 9 (under seal), # 20 Exhibit Q - Rudolph Decl. Ex. 10 (under seal), # 21 Exhibit R - Rudolph Decl. Ex. 12 (under seal))(Gardner, Melissa) (Filed on 8/2/2016)

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Michael W. Sobol (State Bar No. 194857)
[e-mail]
David T. Rudolph (State Bar No. 233457)
[e-mail]
Melissa Gardner (State Bar No. 289096)
[e-mail]
LIEFF CABRASER HEIMANN & BERNSTEIN, LLP
275 Battery Street, 29th Floor
San Francisco, CA 94111-3339
Telephone: [phone]
Facsimile: 415.956.1008

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Hank Bates (State Bar No. 167688)
[e-mail]
Allen Carney
[e-mail]
David Slade
[e-mail]
CARNEY BATES & PULLIAM, PLLC
11311 Arcade Drive
Little Rock, AR 72212
Telephone: [phone]
Facsimile: 501.312.8505

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Attorneys for Plaintiffs and the Class

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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MATTHEW CAMPBELL and MICHAEL
HURLEY, on behalf of themselves and all
others similarly situated,

Case No. C 13-05996 PJH (SK)

v.

DECLARATION OF MELISSA GARDNER
IN SUPPORT OF PLAINTIFFS’
ADMINISTRATIVE MOTION TO FILE
UNDER SEAL RE MOTIONS TO
COMPEL DISCOVERY

FACEBOOK, INC.,

Judge: Honorable Phyllis J. Hamilton

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Plaintiffs,
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Defendant.
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DECLARATION OF MELISSA GARDNER IN
SUPPORT OF MOTION TO SEAL
CASE NO. 13-CV-05996-PJH (SK)

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I, Melissa Gardner, declare:

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I am an attorney in the law firm of Lieff, Cabraser, Heimann & Bernstein, LLP,

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and a member of the State Bar of California. I am admitted to practice before this Court. I am

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one of counsel for Plaintiffs in this action. I make this declaration based upon my own personal

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knowledge. If called upon to testify, I could and would testify competently to the truth of the

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matters stated herein. I submit this Declaration in Support of Plaintiffs’ Administrative Motion to

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File Under Seal re Motions to Compel Discovery.

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2.

Attached hereto as Exhibit A is a true and correct copy of the unredacted version

of Plaintiffs’ Motion to Compel Production of Source Code. Highlighted text in Exhibit A is text

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that Plaintiffs have redacted on the grounds that it contains information that Defendant (the

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designating party) has designated “HIGHLY CONFIDENTIAL” or “HIGHLY CONFIDENTIAL

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– ATTORNEYS’ EYES ONLY.” Attached hereto as Exhibit B is a true and correct copy of

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Exhibit A with the proposed redactions applied.

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3.

Attached hereto as Exhibit C is a true and correct copy of the unredacted version

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of Plaintiffs’ Motion to Compel Production of Configuration Tables. Highlighted text in Exhibit

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C is text that Plaintiffs propose to redact on the grounds that it contains information that

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Defendant (the designating party) has designated “HIGHLY CONFIDENTIAL” or “HIGHLY

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CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” Attached hereto as Exhibit D is a true and

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correct copy of Exhibit C with the proposed redactions applied.

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4.

Attached hereto as Exhibit E is a true and correct copy of the unredacted version

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of Plaintiffs’ Motion to Compel Production of Documents. Highlighted text in Exhibit E is text

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that Plaintiffs propose to redact on the grounds that it contains information that Defendant (the

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designating party) has designated “HIGHLY CONFIDENTIAL” or “HIGHLY CONFIDENTIAL

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– ATTORNEYS’ EYES ONLY.” Attached hereto as Exhibit F is a true and correct copy of

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Exhibit E with the proposed redactions applied.

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5.

Attached hereto as Exhibit G is a true and correct copy of the unredacted version

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of the August 1, 2016 Declaration of Dr. Jennifer Golbeck in support of Plaintiffs’ Motion to

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Compel Production of Configuration Tables. Highlighted text in Exhibit G is text that Plaintiffs
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DECLARATION OF MELISSA GARDNER IN
SUPPORT OF MOTION TO SEAL
CASE NO. 13-CV-05996-PJH (SK)

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propose to redact on the grounds that it contains information that Defendant (the designating

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party) has designated “HIGHLY CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –

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ATTORNEYS’ EYES ONLY.” Attached hereto as Exhibit H is a true and correct copy of

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Exhibit G with the proposed redactions applied.

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6.

Attached hereto as Exhibit I is a true and correct copy of the unredacted version of

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Exhibit 1 to the Rudolph Declaration, correspondence dated June 10, 2016 – June 28, 2016

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between counsel for the parties. Highlighted text in Exhibit I is text that Plaintiffs propose to

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redact on the grounds that it contains information that Defendant (the designating party) has

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designated “HIGHLY CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’

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EYES ONLY.” Attached hereto as Exhibit J is a true and correct copy of Exhibit I with the

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proposed redactions applied.

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7.

Attached hereto as Exhibit K is a true and correct copy of the unredacted version

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of Exhibit 11 to the Rudolph Declaration, correspondence dated May 13, 2015 from counsel for

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Defendant. Highlighted text in Exhibit K is text that Plaintiffs propose to redact on the grounds

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that it contains information that Defendant (the designating party) has designated “HIGHLY

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CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” Attached

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hereto as Exhibit L is a true and correct copy of Exhibit K with the proposed redactions applied.

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8.

Attached hereto as M, N, O, and P are true and correct copies of Exhibits 5, 7, 8,

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and 9, respectively, to the Declaration of David T. Rudolph in support of Plaintiffs’ Motions to

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Compel Discovery (“Rudolph Declaration”). Plaintiffs seek an order to seal these documents

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their entirety on the grounds that Defendant (the designating party) has designated the documents

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“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”

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9.

Attached hereto as Exhibit Q is a true and correct copy of Exhibit 10 to the

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Rudolph Declaration. Plaintiffs seek an order to seal this document in its entirety on the grounds

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that Defendant (the designating party) has designated the document “HIGHLY CONFIDENTIAL

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– ATTORNEYS’ EYES ONLY. CONTAINS SOURCE CODE.”

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10.

Attached hereto as Exhibit R is a true and correct copy of Exhibit 12 to the

Rudolph Declaration. Plaintiffs seek an order to seal this document in its entirety on the grounds
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DECLARATION OF MELISSA GARDNER IN
SUPPORT OF MOTION TO SEAL
CASE NO. 13-CV-05996-PJH (SK)

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that Defendant (the designating party) has designated the document “HIGHLY

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CONFIDENTIAL.”

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Plaintiffs take no position on whether the text and exhibits designated herein

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satisfy the requirements for sealing. Plaintiffs specifically reserve the right to challenge any

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“HIGHLY CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”

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designation under the Stipulated Protective Order as well as the sealability of these documents

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under Civil Local Rule 79-5.

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I declare under penalty of perjury under the laws of the United States that the foregoing is
true and correct.
Executed this 2nd day of August, 2016, in San Francisco, California.
LIEFF CABRASER HEIMANN & BERNSTEIN, LLP

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By:

/s/Melissa Gardner
Melissa Gardner

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DECLARATION OF MELISSA GARDNER IN
SUPPORT OF MOTION TO SEAL
CASE NO. 13-CV-05996-PJH (SK)