Campbell et al v. Facebook Inc.

Filing 219

NOTICE of Refiling re Motion to Compel Discovery and Supporting Documents by Matthew Campbell, Michael Hurley re 218 Order on Administrative Motion to File Under Seal. (Attachments: # 1 Exhibit 1 - Replacement for Dkt. 205-4, # 2 Exhibit 2 - Replacement for Dkt. 205-6, # 3 Exhibit 3 - Replacement for Dkt. 205-8, # 4 Exhibit 4 - Replacement for Dkt. 205-10, # 5 Exhibit 5 - Replacement for Dkt. 205-12, # 6 Exhibit 6 - Replacement for Dkt. 205-16, # 7 Exhibit 7 - Replacement for Dkt. 205-17, # 8 Exhibit 8 - Replacement for Dkt. 205-18, # 9 Exhibit 9 - Replacement for Dkt. 205-19, # 10 Exhibit 10 - Replacement for Dkt. 205-15, # 11 Exhibit 11 - Replacement for Dkt. 205-21)(Gardner, Melissa) (Filed on 10/18/2016) Modified on 10/19/2016 (kcS, COURT STAFF).

EXHIBIT 9

ATTORNEYS EYES ONLY

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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HURLEY, and DAVID SHADPOUR,
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MATTHEW CAMPBELL, MICHAEL

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on behalf of themselves and

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all others similarly situated, )
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Plaintiffs,

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vs.

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No. 4:13-cv-05996-PJH

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FACEBOOK, INC.,

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Defendants.

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HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY

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VIDEOTAPED DEPOSITION OF MIKE VERNAL

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Palo Alto, California

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Wednesday, September 30, 2015

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Reported by:

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JANIS JENNINGS, CSR, CLR, CCRR

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Job No. 2144892

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Pages 1 - 227
Page 1
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ATTORNEYS EYES ONLY
1 BY MR. CARNEY:

13:28

1 running the product.

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Q. Yeah, I'm not asking about the system.

13:28

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A. Sure.

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Q. I'm simply asking the question, and "I don't 13:28

13:31

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A. I would probably call it Facebook.

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13:28

Q. Is there a name for that software?

13:31

Q. And appreciating that you -- and I don't

13:31
13:31

5 know" is certainly an appropriate answer. But is an 13:28

5 want you speculating about how the software or

6 object created by Facebook when a URL attachment is 13:28

6 system works with respect to the URL attachment.

7 successfully created?

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A. Okay.

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Q. I'm asking specifically about the software 13:31

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MR. JESSEN: Same objections. Asked and

9 answered.
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13:28
13:28
13:28

Q. When a URL attachment is successfully

13:31

10 notation, record, logging, et cetera, made in the

13:31

11 Open Graph when a URL attachment is successfully
13:28

12 created?
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A. I would have to speculate. I don't know.

14 the Open Graph?

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Q. How would you go about discovering the

13:29

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MR. JESSEN: Object to the form.

13:29

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THE WITNESS: I would have to guess as to

13:29

13:29

Q. What system are you referring to?

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A. The software.

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Q. Which software?

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24

13:29

19

13:29
13:29

13:31
13:32

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13:29

MR. JESSEN: Objection. Vague.

THE WITNESS: It would be fair to say that I 13:32

13:32

23 oversaw the Open Graph team at some point.

13:29

24 BY MR. CARNEY:
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Q. At what point?

Page 126

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13:31

13:31

Q. Is it fair to say that you oversee

20 Facebook's Open Graph?

Q. And which -- when you use the term "here," 13:29

25 what are you referring to?

13:31

13:31

A. I would presumably have to read a lot of

18 source code.

A. Presumably the software that processes that 13:29

23 is in question here.

16 need?
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13:31

15 answer to that question? What information would you 13:31

13:29

18 BY MR. CARNEY:

13:31

13:31

13 created, is any representation of that act logged on 13:29

17 how the system works.

13:31

13:31

9 system, that is, the Open Graph. Is there any

THE WITNESS: Yeah. I would have to guess. 13:28

11 BY MR. CARNEY:
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13:28

13:31

A. I believe -- pardon me. I believe you're 13:29
asking me about lines 20 to 25 and that seems to
13:29
describe -- that seems to describe some interaction 13:29
around how messages work and I presume that is a
13:30
piece of software, and I don't know how that piece 13:30
of software works.
13:30
Q. And I'm asking about -- what software runs 13:30
the Open Graph?
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MR. JESSEN: Object to the form.
13:30
THE WITNESS: Yeah. That's -- that's not -- 13:30
we -- we spoke earlier about different
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manifestations of the Open Graph. Which -- which 13:30
manifestation are you referring to?
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BY MR. CARNEY:
13:30
Q. Any.
13:30
A. Well, so no software -- so one of the
13:30
manifestations was the Open Graph team so I don't 13:30
know what software runs the team. Another
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manifestation was the protocol, and I don't know -- 13:30
like many pieces of software could run the protocol. 13:30
Q. Okay. What was the third one? What was 13:30
number one?
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A. The product.
13:30
Q. Uh-huh.
A. And I would describe Facebook software as 13:30

13:32
13:32

13:32
Page 128

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A. From its inception until we stopped
13:32
referring to it as like its own thing.
13:32
Q. Okay. So what is the date of inception? 13:32
A. I'm not certain.
13:32
Q. Can you give me a rough estimate?
13:32
A. I would -- somewhere in the -- I -- if I had 13:32
to guess, I would guess somewhere in the 2009 to
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2010 range.
13:32
Q. And when did you stop referring to it as 13:32
"its own thing"?
13:33
A. Again, I would have to guess, but I think 13:33
sometime in, say, 2014.
13:33
Q. And why did you stop referring to it as "its 13:33
own thing"?
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A. The team evolved.
13:33
Q. How did it evolve?
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A. We -- as I recall, we merged that team with 13:33
another team and then the combined team took on a 13:33
new name.
13:33
Q. And what's the new name?
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A. People, Places, and Things.
13:33
Q. What team did the Open Graph team combine 13:33
with?
13:33
A. The Identity team.
13:33
Q. Who runs the People, Places, and Things team 13:34

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ATTORNEYS EYES ONLY
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Q. All right. I'll expand the question. How 17:10

2 about any of the addressees there, do you recall any 17:10
3 response to this email?

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A. I have no recollection.

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MR. CARNEY: Okay. Thanks. That's it.

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MR. JESSEN: Okay.

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MR. CARNEY: All right.

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THE VIDEOGRAPHER: We are off the record.

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17:10

9 The time is 5:11, and this concludes today's

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17:10

10 testimony given by Mike Vernal. The total number of 17:10
11 media used is four and will be retained by Veritext 17:10
12 Legal Solutions. Thank you.
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(Ending time: 5:11 p.m.)

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Page 226

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I, JANIS JENNINGS, CSR No. 3942, Certified
Shorthand Reporter, certify:
That the foregoing proceedings were taken
before me at the time and place therein set forth, at
which time the witness was duly sworn by me;
That the testimony of the witness, the
questions propounded, and all objections and statements
made at the time of the examination were recorded
stenographically by me and were thereafter transcribed;
That the foregoing pages contain a full, true
and accurate record of all proceedings and testimony.
Pursuant to F.R.C.P. 30(e)(2) before
completion of the proceedings, review of the transcript
[ ] was [X] was not requested.
I further certify that I am not a relative or
employee of any attorney of the parties, nor financially
interested in the action.
I declare under penalty of perjury under the
laws of California that the foregoing is true and
correct.
Dated this 13th day of October 2015.

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JANIS JENNINGS, CSR NO. 3942
CLR, CCRR
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