Campbell et al v. Facebook Inc.

Filing 213

Administrative Motion to File Under Seal Defendant Facebook, Inc.s Administrative Motion to File Documents in Support of Its Oppositions to Plaintiffs Motions to Compel Under Seal filed by Facebook Inc.. (Attachments: # 1 Declaration of Nikki Stitt Sokol In Support Of Defendant Facebook, Inc.s Administrative Motion to File Documents in Support of its Oppositions to Plaintiffs Motions to Compel Under Seal, # 2 [Proposed] Order Authorizing the Filing of Documents Under Seal, # 3 Exhibit 1 (Unredacted) Opposition to Plaintiffs Motion to Compel Production of Source Code, # 4 Exhibit 2 (Redacted) Opposition to Plaintiffs Motion to Compel Production of Source Code, # 5 Exhibit 3 (Unredacted) Opposition to Plaintiffs Motion to Compel Production of Configuration Tables, # 6 Exhibit 4 (Redacted) Opposition to Plaintiffs Motion to Compel Production of Configuration Tables, # 7 Exhibit 5 (Unredacted) Poole Declaration in Support of Facebooks Opposition to Plaintiffs Motion to Compel Production of Configuration Tables, # 8 Exhibit 6 (Redacted) Poole Declaration in Support of Facebooks Opposition to Plaintiffs Motion to Compel Production of Configuration Tables, # 9 Exhibit 7 (Unredacted) Opposition to Plaintiffs Motion to Compel Production of Documents, # 10 Exhibit 8 (Redacted) Opposition to Plaintiffs Motion to Compel Production of Documents, # 11 Exhibit 9 (Unredacted) Maute Declaration in Support of Facebooks Opposition to Plaintiffs Motion to Compel Production of Documents, # 12 Exhibit 10 (Redacted) Maute Declaration in Support of Facebooks Opposition to Plaintiffs Motion to Compel Production of Documents, # 13 Proof of Service)(Jessen, Joshua) (Filed on 8/19/2016)

Exhibit 10
REDACTED VERSION OF DOCUMENT(S)
SOUGHT TO BE SEALED

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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.
FACEBOOK, INC.,

Case No. C 13-05996 PJH (SK)
DECLARATION OF JEANA BISNAR
MAUTE IN SUPPORT OF DEFENDANT
FACEBOOK, INC.’S OPPOSITION TO
PLAINTIFFS’ MOTION TO COMPEL
PRODUCTION OF DOCUMENTS

Defendant.

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Gibson, Dunn &
Crutcher LLP

DECLARATION OF JEANA BISNAR MAUTE IN SUPPORT OF DEFENDANT FACEBOOK, INC.’S OPPOSITION TO
PLAINTIFFS’ MOTION TO COMPEL PRODUCTION OF DOCUMENTS; Case No. C 13-05996 PJH (MEJ) (SK)

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I, Jeana Bisnar Maute, declare as follows:
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I am an attorney admitted to practice law before this Court. I am an associate in the

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law firm of Gibson, Dunn & Crutcher LLP, and I am one of the attorneys responsible for representing

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Defendant Facebook, Inc. (“Facebook”) in the above-captioned action. I submit this declaration in

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support of Facebook’s Opposition to Plaintiffs’ Motion to Compel Production of Documents (Dkt.

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208; the “Motion”). The following facts are within my personal knowledge or based on the

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knowledge I have acquired by working with Facebook personnel to provide discovery and produce

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documents in this matter and, if called and sworn as a witness, I could and would testify competently

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to these facts.

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2.

Plaintiffs in this case are requesting that Facebook use a set of specific searches in

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order to extract documents from Facebook’s system for review and production in this lawsuit. These

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searches require that a document contain one or more enumerated words within 50 words of one or

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more other enumerated words in order to be responsive to the search (i.e., “proximity searching”).

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3.

Facebook’s systems for

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. Facebook has undertaken

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this process for Plaintiffs’ proposed searches. Plaintiffs’ proposed searches as applied to the email

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collections of the individual custodians alone returned almost 100,000 unique documents. Discovery

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vendor costs for Facebook to merely collect, process, and search these documents has already risen to

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approximately $50,000. Based on historical costs for review of documents in this case, it would

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likely cost Facebook several hundred thousand additional dollars to complete review of and

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production from these search results.

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4.

With respect to non-individual custodians,
systems (among other things) in the

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Crutcher LLP

form of

. The search functionality includes
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DECLARATION OF JEANA BISNAR MAUTE IN SUPPORT OF DEFENDANT FACEBOOK, INC.’S OPPOSITION TO
PLAINTIFFS’ MOTION TO COMPEL PRODUCTION OF DOCUMENTS; Case No. C 13-05996 PJH (MEJ) (SK)

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. A search in this system for the word “EntShare” alone

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returned over 10,000 results. Manually viewing and printing each of these page results would be

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extremely burdensome. Even if that process were undertaken, those documents would still need to be

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moved to another system for processing and proximity searching.

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5.

Facebook’s “

system,

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.

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Therefore, searches in the “

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system.

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6.

system would be duplicative of searches in Facebook’s email

When Facebook exports documents to a review platform for purposes of litigation,

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documents will sometimes have no individual “custodian” metadata information, and Facebook may

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apply “Facebook,” or “Facebook Email,” or “Facebook Temp” or some other generic custodian

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information in the “custodian” metadata field.

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7.

Facebook possesses

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. Manually and individually locating and converting each page would be extremely

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burdensome.

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//

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//

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//

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//

Gibson, Dunn &
Crutcher LLP

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DECLARATION OF JEANA BISNAR MAUTE IN SUPPORT OF DEFENDANT FACEBOOK, INC.’S OPPOSITION TO
PLAINTIFFS’ MOTION TO COMPEL PRODUCTION OF DOCUMENTS; Case No. C 13-05996 PJH (MEJ) (SK)

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I declare under penalty of perjury under the laws of the United States of America that

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the foregoing is true and correct and that this declaration was executed on August 19, 2016 in

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Palo Alto, California.

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/s/ Jeana Bisnar Maute
Jeana Bisnar Maute

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DECLARATION OF JEANA BISNAR MAUTE IN SUPPORT OF DEFENDANT FACEBOOK, INC.’S OPPOSITION TO
PLAINTIFFS’ MOTION TO COMPEL PRODUCTION OF DOCUMENTS; Case No. C 13-05996 PJH (MEJ) (SK)

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ATTORNEY ATTESTATION
I, Joshua A. Jessen, attest that concurrence in the filing of this Declaration of Jeana Bisnar
Maute has been obtained from the signatory. I declare under penalty of perjury under the laws of the
United States of America that the foregoing is true and correct. Executed this 19th day of August
2016, in Irvine, California.
Dated: August 19, 2016

/s/ Joshua A. Jessen
Joshua A. Jessen

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DECLARATION OF JEANA BISNAR MAUTE IN SUPPORT OF DEFENDANT FACEBOOK, INC.’S OPPOSITION TO
PLAINTIFFS’ MOTION TO COMPEL PRODUCTION OF DOCUMENTS; Case No. C 13-05996 PJH (MEJ) (SK)