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)
EXHIBIT J
REDACTED VERSION OF
DOCUMENT(S) SOUGHT TO BE SEALED
EXHIBIT 1
Gardner, Melissa
From:
Sent:
To:
Cc:
Subject:
REDACTED VERSION OF DOCUMENT SOUGHT TO BE SEALED
Rogers, Ashley
Tuesday, June 28, 2016 2:27 PM
Rudolph, David T.; Rajagopalan, Priyanka; Sobol, Michael W.; Diamand, Nicholas; Gardner, Melissa; Hank Bates; Allen Carney;
David Slade
Jessen, Joshua A.; Chorba, Christopher; Maute, Jeana Bisnar
RE: Campbell v. Facebook
David,
Thank you for your counter-proposal. Please find our response below.
We have undertaken to assess each of your proposed terms and limitations individually and row-by-row, to try to keep as much of the proposed search as
possible while also attempting to tailor each search more to your actual class and claims and to the appropriate time period. We believe our counter-proposal,
based on your terms, is closer to proportional discovery—but we invite your thoughts. Because we cannot know how many documents will be responsive to
these terms until we collect and process them, we cannot know ahead of that process whether the searches will in fact produce proportional discovery;
therefore, we may need to refine further after processing is complete (which we intend to do with your consultation).
With respect to custodians, provided we agree on appropriate searches, we are willing to consider adding Mr. Varghese as a custodian. With respect to the nonindividual custodians (e.g., Wiki, Dex, etc.), we are amenable to producing from some of those sources, but will need to have a separate discussion about them,
since those sources do not have search capabilities that will allow for the types of searches we are considering for emails, and they also are not amenable to
efficient collection processes. Achieving proportional discovery from those sources will require a different approach, which we are willing to discuss.
Thank you.
Proposed Search Terms:
Term
Graph API
Facebook’s
Proposal to
Include
Yes, limited by
"w/50 (URL w/50
(message* or
messenger* or
*))" and
Plaintiffs’ Counter-Proposal of Additional
Limiting Terms
Limited by “w/50 message* or messenger* or
or inbox* or EntShare* or
EntGlobalShare* or
or
or bootcamp*”
1
Facebook’s Counter-Proposal
Limited by “w/50 (message* or
messenger or
or inbox*)
AND w/50 (EntShare* or
EntGlobalShare* or
or
or bootcamp*)”
or
ending December
31, 2012
Yes, limited by
"w/50 (URL w/50
(message* or
messenger* or
))" and
ending December
31, 2012
Yes, limited by
"w/50 (URL w/50
(message* or
messenger* or
))"
and ending December 31, 2012
Limited by “w/50 message* or messenger* or
or inbox* or EntShare* or
EntGlobalShare* or
or
or bootcamp*”
Limited by “w/50 (message* or
messenger or
or inbox*)
AND w/50 (EntShare* or
EntGlobalShare* or
or
or bootcamp*)”
and ending December 31, 2012
Limited by “w/50 message* or messenger* or
or inbox* or EntShare* or
EntGlobalShare* or
or
or like* or share* or
bootcamp*”
Limited by “w/50 (message* or
messenger or
or inbox*)
AND w/50 (EntShare* or
EntGlobalShare* or
or
or ((like* or
share*) w/2 URL) or bootcamp*)”
Limited by “w/50 (message* or
messenger or
or inbox*)
AND w/50 (EntShare* or
EntGlobalShare* or
or
or Insights* or
or “
or bootcamp*)” and ending
December 31, 2012
Limited by “w/50 (message* or
messenger or
or inbox*)
AND w/50 (EntShare* or
EntGlobalShare* or
or
or
or
or (shortage
w/5 (like* or share*)) or activity
feed* or bootcamp* or Gmail* or
Google*)”
Limited by “w/50 (message* or
messenger or
or inbox*)
AND w/50 (EntShare* or
EntGlobalShare* or
or
or
or
Yes, limited by
"w/50 (URL w/50
(message* or
messenger* or
))" and
ending December
31, 2012
Limited by “w/50 message* or messenger* or
or inbox* or EntShare* or
EntGlobalShare* or
or
or Insights* or
or
or bootcamp*”
Yes, limited by
"w/50 (URL w/50
(message* or
messenger* or
))"
Limited by “w/50 message* or messenger* or
or inbox* or EntShare* or
EntGlobalShare* or
or
or
or
or shortage* of like* or
share* or activity feed* or bootcamp* or
Gmail* or Google*”
Yes, limited by
"w/50 (URL w/50
(message* or
messenger* or
))" and
Limited by “w/50 message* or messenger* or
or inbox* or EntShare* or
EntGlobalShare* or
or
or
or
or API* or
or Counter* or
2
ending December
31, 2012
Yes, limited by
"w/50 (URL w/50
(message* or
messenger* or
))" and
ending December
31, 2012
Yes, limited by
"w/50 (URL w/50
(message* or
messenger* or
))" and
ending July 9,
2014, when the
backup system
was discontinued
Yes, limited by
"w/50 (URL w/50
(message* or
messenger* or
))" and
ending July 9,
2014, when the
backup system
or API* or
or Counter* or
or
Demographic* or analytic* or
or
or
or
or
Domain Insights* or
or
or graph*)” and ending
December 31, 2012
Limited by “w/50 message* or messenger* or Limited by “w/50 (message* or
messenger or
or inbox) AND
or inbox* or EntShare* or
w/50 (EntShare* or
EntGlobalShare* or
or
or bootcamp* or
or EntGlobalShare* or
or
or bootcamp* or
or API* or
or
or
Counter* or Demographic* or analytic* or
or Counter* or
or
or
or or API* or
Demographic* or analytic* or
or Domain Insights* or
or
or
or
or graph*”
or
or
Domain Insights* or
or
or graph*)” and ending
December 31, 2012
Limited by “w/50 message* or messenger* or Limited by “w/50 (message* or
or inbox* or EntShare* or
messenger or
or inbox*)
AND w/50 (EntShare* or
EntGlobalShare* or
or
or bootcamp* or
or EntGlobalShare* or
or
or bootcamp* or
or
or
or
*)” and ending July 9,
2014, when the backup system
was discontinued
Limited by “w/50 message* or messenger* or Limited by “w/50 (message* or
or inbox* or EntShare* or
messenger or
or inbox*)
EntGlobalShare* or
or
AND w/50 (EntShare* or
or bootcamp* or
or EntGlobalShare* or
or
or bootcamp* or
or
or
or
API*”
or
or
or
or API*)” and
ending July 9, 2014, when the
Demographic* or analytic* or
or
or
or Domain Insights* or
or graph* or bootcamp*”
3
or
was discontinued
Yes, limited by
"w/50 (URL w/50
(message* or
messenger* or
))"
EntGlobalShare
Yes, limited by
"w/50 (URL w/50
(message* or
messenger* or
))"
Limited by “w/50 message* or messenger* or
or inbox* or EntShare* or
EntGlobalShare* or
or
or bootcamp* or share* or
or
or
or target* or recommend* or Insights* or
API*”
backup system was discontinued
Limited by “w/50 (message* or
messenger or
or inbox*)
AND w/50 (EntShare* or
EntGlobalShare* or
or
or bootcamp* or
share* or
or
or
or target* or
recommend* or Insights* or API*)”
Limited by “w/50 (message* or
messenger or
or inbox*)
AND w/50 (API* or Insights* or
or
or
Targeting* or
or
graph* or
or
Limited by “w/50 message* or messenger* or
or inbox* or API* or Insights* or
or
or Targeting* or
or graph* or
or
or
or
or
or
or
or URL* or
or
or
or bootcamp*”
or
or
Additionally, Plaintiffs request all documents
containing the term “EntGlobalShare” from
any Facebook wiki sites or other portions of
Facebook’s internal repositories devoted to or
containing reference material on Facebook’s
operation (
. For instance – and only
for illustrative purposes – Plaintiffs would seek
all documents including the term
“EntGlobalShares” that were located on web
pages with URLs beginning with the following
designations:
EntShare
Yes, limited by
or
Limited by “w/50 message* or messenger* or
Limited by “w/50 (message* or
4
or
or URL* or
or bootcamp*)”
or
We will need to have a separate
discussion about searching nonindividual custodians.
"w/50 (URL w/50
(message* or
messenger* or
))"
or inbox* or API* or Insights* or
or
or Targeting* or
or graph* or
messenger or
or inbox*)
AND w/50 (API*or Insights* or
or
or Targeting* or
or graph* or
or
or
or
or
or
or
or
or
or URL* or
or
or bootcamp*”
or
or
Additionally, Plaintiffs request all documents
containing the term “EntShare” from any
Facebook wiki sites or other portions of
Facebook devoted to or containing reference
material on Facebook’s operation (
). For instance – and only for illustrative
purposes – Plaintiffs would seek all documents
including the term “EntShares” that were
located on web pages with URLs beginning
with the following designations:
Insights Dashboard
Yes, limited by
"w/50 (URL w/50
(message* or
messenger* or
))" and
ending December
31, 2012
or
Limited by “w/50 message* or messenger* or
or inbox* or EntShare* or
EntGlobalShare* or
or
or bootcamp* or
or
or API* or
or
Counter* or Demographic* or analytic* or
or
or
or
or Domain Insights* or
or
or graph* or
bootcamp*”
Limited by “w/50 (message* or
messenger or
or inbox*)
AND w/50 (EntShare* or
EntGlobalShare* or
or
or bootcamp*or
or
or API* or
or Counter* or
Demographic* or analytic*
or
or
or
or
or
Domain Insights* or
or
or graph* or bootcamp)”
5
or
or URL* or
or bootcamp*)”
or
We will need to have a separate
discussion about searching nonindividual custodians.
Yes, limited by
"w/50 (URL w/50
(message* or
messenger* or
))" and
ending December
31, 2012
Yes, limited by
"w/50 (URL w/50
(message* or
messenger* or
))" and
ending December
31, 2012
Yes, limited by
"w/50 (URL w/50
(message* or
messenger* or
))" and
ending December
31, 2012
and ending December 31, 2012
Limited by “w/50 message* or messenger* or Limited by “w/50 (message* or
messenger or
or inbox*)
or inbox* or EntShare* or
EntGlobalShare* or
or
AND w/50 (EntShare* or
EntGlobalShare* or
or
or
or
or
or API* or
or Counter* or or
Demographic* or analytic* or
or
or API* or
or Counter* or
or
or
Demographic* or analytic* or
or Domain Insights* or
or
or
or
or graph* or bootcamp*”
or
or
Domain Insights* or
or
or graph* or
bootcamp*)” and ending
December 31, 2012
Limited by “w/50 message* or messenger* or Limited by “w/50 (message* or
or inbox* or EntShare* or
messenger or
or inbox) AND
EntGlobalShare* or
or
w/50 (EntShare* or
or bootcamp* or
or EntGlobalShare* or
or
or bootcamp* or
or API* or
or
Counter* or Demographic* or analytic* or
or
or
or
or or API* or
or Counter* or
or Domain Insights* or
Demographic* or analytic* or
or
or
or
or graph* or
or
or
bootcamp*”
Domain Insights* or
or
or graph* or
bootcamp*)” and ending
December 31, 2012
Limited by “w/50 message* or messenger* or Limited by “w/50 (message* or
messenger or
or inbox*)
or inbox* or EntShare* or
AND w/50 (EntShare* or
EntGlobalShare* or
or
EntGlobalShare* or
or
or
or
or
or API* or
or Counter* or or
or API* or
Demographic* or analytic* or
or
or
or
or Counter* or
or Domain Insights* or
or
Demographic* or analytic* or
or graph* or bootcamp*”
or
6
Yes, limited by
"w/50 (URL w/50
(message* or
messenger* or
))" and
ending December
31, 2012
Insights
Yes, limited by
"w/50 (URL w/50
(message* or
messenger* or
))" and
ending December
31, 2012
Yes, limited by
"w/50 (URL w/50
(message* or
messenger* or
))" and
or
or
or Domain Insights* or
or
or graph* or
bootcamp*)” and ending
December 31, 2012
Limited by “w/50 message* or messenger* or Limited by “w/50 (message* or
or inbox* or EntShare* or
messenger or
or inbox*)
AND w/50 (EntShare* or
EntGlobalShare* or
or
or
or
EntGlobalShare* or
or
or
or API* or
or Counter* or or
Demographic* or analytic* or
or
or API*
or
or
or
or Counter* or
Demographic* or analytic* or
or Domain Insights* or
or
or
or
or graph* or bootcamp*”
or
or
Domain Insights* or
or
or graph* or
bootcamp*)” and ending
December 31, 2012
Limited by “w/50 message* or messenger* or Change primary term to “Domain
or inbox* or EntShare* or
Insights” and Limited by “w/50
EntGlobalShare* or
or
(message* or messenger or
or bootcamp* or
or or inbox*) AND w/50 (EntShare* or
or API* or
or
EntGlobalShare* or
or
or bootcamp* or
Counter* or Demographic* or analytic* or
or
or
or
or
or Domain Insights* or
or API* or
or Counter* or
or
or graph*”
Demographic* or analytic* or
or
or
or
or
Domain Insights* or
or
or graph*)” and ending
December 31, 2012
Limited by “w/50 message* or messenger* or Limited by “w/50 (message* or
or inbox* or EntShare* or
messenger or
or inbox*)
EntGlobalShare* or
or
AND w/50 (EntShare* or
or bootcamp* or recommend*or EntGlobalShare* or
or
or
or bootcamp* or
7
ending July 9,
2014, when the
backup system
was discontinued
Not Included
Not Included
Not Included
or
or URL*”
or
recommend* or
or
or
or
or URL*)”
and ending July 9, 2014, when the
backup system was discontinued
Limited by “w/50 message* or messenger* or Limited by “w/50 (message* or
or inbox* or EntShare* or
messenger or
or inbox*)
EntGlobalShare* or
or
AND w/50 (EntShare* or
or bootcamp* or scribe* or
EntGlobalShare* or
or recommend* or
or
or bootcamp* or
scribe* or
or recommend* or
or
or URL*”
or
or
URL*)” and ending February 1,
2012
Limited by “w/50 message* or messenger* or Limited by “w/50 (message* or
messenger or
or inbox*)
or inbox* or EntShare* or
AND w/50 (EntShare* or
EntGlobalShare* or
or
or bootcamp* or
or EntGlobalShare* or
or recommend* or
or
or bootcamp*
or
or
or
or
recommend* or
or URL*”
or
or
URL*)”
While reserving their rights to request
documents related to
and
-related
terms in the future, Plaintiffs agree to exclude
and
-related search terms from
the proposed list at this time.
8
Ashley Rogers
GIBSON DUNN
Gibson, Dunn & Crutcher LLP
2100 McKinney Ave. Ste. 1100, Dallas, TX 75201-6912
Tel +1 214.698.3316 • Fax +1 214.571.2975
ARogers@gibsondunn.com • www.gibsondunn.com
From: Rudolph, David T. [mailto:drudolph@lchb.com]
Sent: Wednesday, June 15, 2016 7:53 PM
To: Rajagopalan, Priyanka; Sobol, Michael W.; Diamand, Nicholas; Gardner, Melissa; Hank Bates; Allen Carney; David Slade
Cc: Jessen, Joshua A.; Chorba, Christopher; Maute, Jeana Bisnar; Rogers, Ashley
Subject: RE: Campbell v. Facebook
Counsel,
As we discussed yesterday, below is Plaintiffs’ proposal regarding further search terms for proximity searches as well as the custodians to be searched. As we
explained, we believe the searches should be performed for documents and ESI dated from the previously agreed document production period of April 2010
through May 18, 2016, the end of class period. Plaintiffs reserve their rights to seek documents and ESI containing further search terms as discovery progresses.
Additionally, the below list of custodians is a subset of the custodians from which Facebook has already produced documents. Plaintiffs reserve their rights to
seek documents from additional custodians as they are identified as discovery progresses, and in light of further discovery covering the time period extending
through May 2016 or on topics which Plaintiffs have received too few documents to identify appropriate custodians.
Proposed Search Terms:
Term
Graph API
or
Facebook’s
Proposal to
Include
Yes, limited by
"w/50 (URL w/50
(message* or
messenger* or
))" and
ending December
31, 2012
Yes, limited by
"w/50 (URL w/50
Plaintiffs’ Counter-Proposal of
Additional Limiting Terms
Limited by “w/50 message* or messenger*
or
or inbox* or EntShare* or
EntGlobalShare* or
or
or bootcamp*”
Limited by “w/50 message* or messenger*
or
or inbox* or EntShare* or
9
(message* or
messenger* or
))" and
ending December
31, 2012
Yes, limited by
"w/50 (URL w/50
(message* or
messenger* or
))"
Yes, limited by
"w/50 (URL w/50
(message* or
messenger* or
))" and
ending December
31, 2012
Yes, limited by
"w/50 (URL w/50
(message* or
messenger* or
)"
, limited by
"w/50 (URL w/50
(message* or
messenger* or
))" and
ending December
31, 2012
Yes, limited by
"w/50 (URL w/50
(message* or
EntGlobalShare* or
or bootcamp*”
or
Limited by “w/50 message* or messenger*
or
or inbox* or EntShare* or
EntGlobalShare* or
or
or like* or share* or
bootcamp*”
Limited by “w/50 message* or messenger*
or
or inbox* or EntShare* or
EntGlobalShare* or
or
or Insights* or
or
or bootcamp*”
Limited by “w/50 message* or messenger*
or
or inbox* or EntShare* or
EntGlobalShare* or
or
or
or
or shortage* of like* or
share* or activity feed* or bootcamp* or
Gmail* or Google*”
Limited by “w/50 message* or messenger*
or
or inbox* or EntShare* or
EntGlobalShare* or
or
or
or
or API* or
or Counter*
or Demographic* or analytic* or
or
or
or
or Domain Insights* or
or
or graph* or
bootcamp*”
Limited by “w/50 message* or messenger*
or
or inbox* or EntShare* or
EntGlobalShare* or
or
10
messenger* or
))" and
ending December
31, 2012
Yes, limited by
"w/50 (URL w/50
(message* or
messenger* or
))" and
ending July 9,
2014, when the
backup system was
discontinued
Yes, limited by
"w/50 (URL w/50
(message* or
messenger* or
))" and
ending July 9,
2014, when the
backup system was
discontinued
Yes, limited by
"w/50 (URL w/50
(message* or
messenger* or
))"
EntGlobalShare
Yes, limited by
"w/50 (URL w/50
(message* or
messenger* or
))"
or bootcamp* or
or
or API* or
or Counter* or Demographic* or analytic*
or
or
or
or
or Domain
Insights* or
or
or
graph*”
Limited by “w/50 message* or messenger*
or
or inbox* or EntShare* or
EntGlobalShare* or
or
or bootcamp* or
or
or
”
Limited by “w/50 message* or messenger*
or
or inbox* or EntShare* or
EntGlobalShare* or
or
or bootcamp* or
or
or
or node* or
API*”
Limited by “w/50 message* or messenger*
or
or inbox* or EntShare* or
EntGlobalShare* or
or
or bootcamp* or share* or
or
or
or target* or
recommend* or Insights* or API*”
Limited by “w/50 message* or messenger*
or
or inbox* or API* or Insights* or
or
or Targeting* or
or graph* or
or
11
or
or
or
or
or URL* or
bootcamp*”
or
or
or
Additionally, Plaintiffs request all
documents containing the term
“EntGlobalShare” from any Facebook wiki
sites or other portions of Facebook’s internal
repositories devoted to or containing
reference material on Facebook’s operation
(
). For instance – and only for
illustrative purposes – Plaintiffs would seek
all documents including the term
“EntGlobalShares” that were located on web
pages with URLs beginning with the
following designations:
EntShare
Yes, limited by
"w/50 (URL w/50
(message* or
messenger* or
))"
Limited by “w/50 message* or messenger*
or
or inbox* or API* or Insights* or
or
or Targeting* or
or graph* or
or
or
or
or
bootcamp*”
or
or
or
Additionally, Plaintiffs request all
documents containing the term “EntShare”
12
from any Facebook wiki sites or other
portions of Facebook devoted to or
containing reference material on Facebook’s
operation (
). For instance – and
only for illustrative purposes – Plaintiffs
would seek all documents including the term
“EntShares” that were located on web pages
with URLs beginning with the following
designations:
Insights Dashboard
Yes, limited by
"w/50 (URL w/50
(message* or
messenger* or
))" and
ending December
31, 2012
Yes, limited by
"w/50 (URL w/50
(message* or
messenger* or
))" and
ending December
31, 2012
Yes, limited by
"w/50 (URL w/50
Limited by “w/50 message* or messenger*
or
or inbox* or EntShare* or
EntGlobalShare* or
or
or bootcamp* or
or
or API* or
or Counter* or Demographic* or analytic*
or
or
or
or
or Domain
Insights* or
or
or
graph* or bootcamp*”
Limited by “w/50 message* or messenger*
or
or inbox* or EntShare* or
EntGlobalShare* or
or
or
or
or API* or
or Counter*
or Demographic* or analytic* or
or
or
or
or Domain Insights* or
or
or graph* or
bootcamp*”
Limited by “w/50 message* or messenger*
or
or inbox* or EntShare* or
13
(message* or
messenger* or
))" and
ending December
31, 2012
Yes, limited by
"w/50 (URL w/50
(message* or
messenger* or
))" and
ending December
31, 2012
Yes, limited by
"w/50 (URL w/50
(message* or
messenger* or
))" and
ending December
31, 2012
Insights
Yes, limited by
"w/50 (URL w/50
(message* or
messenger* or
))" and
ending December
31, 2012
EntGlobalShare* or
or
or bootcamp* or
or
or API* or
or Counter* or Demographic* or analytic*
or
or
or
or
or Domain
Insights* or
or
or
graph* or bootcamp*”
Limited by “w/50 message* or messenger*
or
or inbox* or EntShare* or
EntGlobalShare* or
or
or
or
or API* or
or Counter*
or Demographic* or analytic* or
or
or
or
or Domain Insights* or
or
or graph* or
bootcamp*”
Limited by “w/50 message* or messenger*
or
or inbox* or EntShare* or
EntGlobalShare* or
or
or
or
or API* or
or Counter*
or Demographic* or analytic* or
or
or
or
or Domain Insights* or
or
or graph* or
bootcamp*”
Limited by “w/50 message* or messenger*
or
or inbox* or EntShare* or
EntGlobalShare* or
or
or bootcamp* or
or
or API* or
or Counter* or Demographic* or analytic*
or
or
or
or
or Domain
Insights* or
or
or
graph*”
14
Yes, limited by
"w/50 (URL w/50
(message* or
messenger* or
Titan*))" and
ending July 9,
2014, when the
backup system was
discontinued
Not Included
Not Included
Not Included
Limited by “w/50 message* or messenger*
or
or inbox* or EntShare* or
EntGlobalShare* or
or
or bootcamp* or
recommend*or
or
URL*”
Limited by “w/50 message* or messenger*
or
or inbox* or EntShare* or
EntGlobalShare* or
or
or bootcamp* or
or
or recommend* or
or
or URL*”
Limited by “w/50 message* or messenger*
or
or inbox* or EntShare* or
EntGlobalShare* or
or
or bootcamp* or
or
or recommend* or
or URL*”
While reserving their rights to request
documents related to
and
related terms in the future, Plaintiffs agree to
exclude
r and
elated search
terms from the proposed list at this time.
Proposed Custodians:
1. Matt Jones
2. Scott Renfro
3. Malorie Lucich
4. Mike Vernal
5. Mark Kinsey
6. Austin Haugen
15
7. Frederic Wolens
8. Caryn Marooney
9. Alex Himel
10. Ray He
11. Dan Fechete
12. Facebook Temp
13. Facebook Email
14. SalesForce
15. Facebook
16. Help Center Internal
17. Facebook Internal
18. Dev Site
19. Wiki
20. Mathew Varghese
From: Rajagopalan, Priyanka [mailto:PRajagopalan@gibsondunn.com]
Sent: Friday, June 10, 2016 4:52 PM
To: Sobol, Michael W.; Rudolph, David T.; Diamand, Nicholas; Gardner, Melissa; Hank Bates; Allen Carney; David Slade
Cc: Jessen, Joshua A.; Chorba, Christopher; Maute, Jeana Bisnar; Rogers, Ashley
Subject: Campbell v. Facebook
Counsel,
Following up on the discussion at our meet and confer last week, please find below Facebook’s further proposal for additional document discovery in this matter
(and specifically, document discovery to resolve the issues raised in Plaintiffs’ two remaining document-related letter briefs). In crafting this proposal, we have
considered the search terms and custodians identified in Mr. Rudolph’s April 13 email and Plaintiffs’ May 25 predictive coding letter brief, in conjunction with
the Court’s May 18 class certification order and Plaintiffs’ June 7 Second Amended Complaint.
The proposal below is intended to appropriately reflect the class, class period, and challenged practices at issue in this litigation, the role of each custodian in
working on or discussing the challenged practices, and the date ranges during which the challenged practices took place. It therefore addresses each search
term and custodian Plaintiffs identified on 4/13 and 5/25, and the reasoning for including or not including that term (or a modified version of that term) or
custodian in the proposal. For example, some of the proposed search terms were quite broad (e.g.,
and “Insights”) and, as has been
the case with the other search terms previously agreed to in this case, our view is that the terms should be tethered to the challenged practices. Our proposal
attempts to do that, and, in the interests of compromise, expands the proximity searching from what was used for many of the search terms in the previous
round of document collection and production (from “w/25” to “w/50”).
With respect to the time period of an additional production, as you know, the parties previously agreed that the relevant time period would extend to the date
of the filing of Plaintiffs’ initial complaint (December 30, 2013). In light of the new class period, we are willing to compromise and extend that date to the date of
16
certification (May 18, 2016) for certain of the search terms. With respect to search terms tied to challenged practices that ceased long ago, we propose earlier
end dates. The details are set forth below, and we are happy to discuss.
We believe our proposal is a fair compromise and is proportional to the needs of the case, but please let us know if you have any questions. We look forward to
discussing this proposal with you further next week.
Thanks,
Priyanka
FACEBOOK PROPOSAL
Date Range: December 30, 2011 (start of class period) – May 18, 2016 (end of class period), unless otherwise noted below
Proposed Search Terms:
Term
Graph API
or
Include?
Yes, limited by "w/50 (URL
w/50 (message* or messenger*
or
))" and ending
December 31, 2012
Yes, limited by "w/50 (URL
w/50 (message* or messenger*
or
))" and ending
December 31, 2012
Reasoning
We propose tailoring this search to your
class and your allegations by limiting it to
URLs in messages, and tailoring it to the
relevant period.
We propose tailoring this search to your
class and your allegations by limiting it to
URLs in messages, and tailoring it to the
relevant period.
Yes, limited by "w/50 (URL
We propose tailoring this search to your
w/50 (message* or messenger* class and your allegations by limiting it to
or
))"
URLs in messages.
Yes, limited by "w/50 (URL
w/50 (message* or messenger*
or
))" and ending
December 31, 2012
We propose tailoring this search to your
class and your allegations by limiting it to
URLs in messages, and tailoring it to the
relevant period.
Yes, limited by "w/50 (URL
We propose tailoring this search to your
w/50 (message* or messenger* class and your allegations by limiting it to
or
))"
URLs in messages.
17
Yes, limited by "w/50 (URL
w/50 (message* or messenger*
or
))" and ending
December 31, 2012
We propose tailoring this search to your
class and your allegations by limiting it to
URLs in messages, and tailoring it to the
relevant period by ending it when URL
shares in messages were no longer included
in Insights in December 2012.
Yes, limited by "w/50 (URL
w/50 (message* or messenger*
or
))" and ending
December 31, 2012
We propose tailoring this search to your
class and your allegations by limiting it to
URLs in messages, and tailoring it to the
relevant period by ending it when URL
shares in messages were no longer included
in Insights in December 2012.
Yes, limited by "w/50 (URL
w/50 (message* or messenger*
or
))" and ending July 9,
2014, when the backup system
was discontinued
We propose tailoring this search to your
class and your allegations by limiting it to
URLs in messages, and tailoring it to the
relevant period by ending it when the backup
system was discontinued on July 9, 2014.
Yes, limited by "w/50 (URL
w/50 (message* or messenger*
or
))" and ending July 9,
2014, when the backup system
was discontinued
We propose tailoring this search to your
class and your allegations by limiting it to
URLs in messages, and tailoring it to the
relevant period by ending it when the backup
system was discontinued on July 9, 2014.
Yes, limited by "w/50 (URL
We propose tailoring this search to your
w/50 (message* or messenger* class and your allegations by limiting it to
or
))"
URLs in messages.
EntGlobalShare
Yes, limited by "w/50 (URL
We propose tailoring this search to your
w/50 (message* or messenger* class and your allegations by limiting it to
or
))"
URLs in messages.
EntShare
Yes, limited by "w/50 (URL
We propose tailoring this search to your
w/50 (message* or messenger* class and your allegations by limiting it to
or
))"
URLs in messages.
18
Insights Dashboard
Yes, limited by "w/50 (URL
w/50 (message* or messenger*
or
))" and ending
December 31, 2012
We propose tailoring this search to your
class and your allegations by limiting it to
URLs in messages, and tailoring it to the
relevant period by ending it when URL
shares in messages were no longer included
in Insights in December 2012.
Yes, limited by "w/50 (URL
w/50 (message* or messenger*
or
))" and ending
December 31, 2012
We propose tailoring this search to your
class and your allegations by limiting it to
URLs in messages, and tailoring it to the
relevant period by ending it when URL
shares in messages were no longer included
in Insights in December 2012.
Yes, limited by "w/50 (URL
w/50 (message* or messenger*
or
))" and ending
December 31, 2012
We propose tailoring this search to your
class and your allegations by limiting it to
URLs in messages, and tailoring it to the
relevant period by ending it when URL
shares in messages were no longer included
in Insights in December 2012.
We propose tailoring this search to your
class and your allegations by limiting it to
Yes, limited by "w/50 (URL
w/50 (message* or messenger* URLs in messages, and tailoring it to the
or
))" and ending
relevant period by ending it when URL
shares in messages were no longer included
December 31, 2012
in Insights in December 2012.
Yes, limited by "w/50 (URL
w/50 (message* or messenger*
or
))" and ending
December 31, 2012
We propose tailoring this search to your
class and your allegations by limiting it to
URLs in messages, and tailoring it to the
relevant period by ending it when URL
shares in messages were no longer included
in Insights in December 2012.
19
Yes, limited by "w/50 (URL
w/50 (message* or messenger*
or
))" and ending
December 31, 2012
Yes, limited by "w/50 (URL
w/50 (message* or messenger*
or
))" and ending July 9,
2014, when the backup system
was discontinued
Insights
We propose tailoring this search to your
class and your allegations by limiting it to
URLs in messages, and tailoring it to the
relevant period by ending it when URL
shares in messages were no longer included
in Insights in December 2012.
We propose tailoring this search to your
class and your allegations by limiting it to
URLs in messages, and tailoring it to the
relevant period by ending it when the backup
system was discontinued on July 9, 2014.
Search Terms Not Included:
and
-related terms
. Our view is that these practices are not in the scope of Judge Hamilton's Order or Plaintiffs’ June 7
Amended Complaint.
11 Proposed Custodians: Alex Himel; Ray He; Dan Fechete; Mike Vernal; Matt Jones; Scott Renfro; Mark Kinsey; Austin Haugen; Frederic Wolens; Malorie Lucich;
and Caryn Marooney
Custodians From David Rudolph’s E-mail of April 13, 2016 Not Included:
Custodian
Role
Reasoning
Cat Lee
Jeff
McCombs
Program Manager
Did not work on the functionalities at issue.
Strategy, Finance and Analytics
Finance-related role.
David Fisch Partnerships
Partnerships/business development role; did not
work on the functionalities at issue.
Justin
Osofsky
Partnerships
Partnerships role; did not work on the
functionalities at issue.
Ime
Archibong
Partnerships
Partnerships role; did not work on the
functionalities at issue.
20
Ethan Beard Partnerships
Douglas
Purdy
Developer Relations, then Director of
Product, then Director of Engineering
Partnerships role; did not work on the
functionalities at issue.
Developer relations role; did not work on the
functionalities at issue.
Priyanka Rajagopalan
GIBSON DUNN
Gibson, Dunn & Crutcher LLP
1881 Page Mill Road, Palo Alto, CA 94304-1211
Tel +1 650.849.5337 • Fax +1 650.849.5037
PRajagopalan@gibsondunn.com • www.gibsondunn.com
________________________________
This message may contain confidential and privileged information. If it has been sent to you in error, please reply to advise the sender of the error
and then immediately delete this message.
________________________________
This message is intended for the named recipients only. It may contain information protected by the attorney-client or work-product privilege. If you
have received this email in error, please notify the sender immediately by replying to this email. Please do not disclose this message to anyone and
delete the message and any attachments. Thank you.
21
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