Campbell et al v. Facebook Inc.
Filing
87
Declaration of Alex Himel Regarding Availability for Deposition filed by Facebook Inc.. (Related document(s) 85 ) (Jessen, Joshua) (Filed on 6/9/2015) Modified on 6/10/2015 (kcS, COURT STAFF).
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GIBSON, DUNN & CRUTCHER LLP
JOSHUA A. JESSEN, SBN 222831
JJessen@gibsondunn.com
JEANA BISNAR MAUTE, SBN 290573
JBisnarMaute@gibsondunn.com
ASHLEY M. ROGERS, SBN 286252
ARogers@gibsondunn.com
1881 Page Mill Road
Palo Alto, California 94304
Telephone: (650) 849-5300
Facsimile: (650) 849-5333
GIBSON, DUNN & CRUTCHER LLP
GAIL E. LEES, SBN 90363
GLees@gibsondunn.com
CHRISTOPHER CHORBA, SBN 216692
CChorba@gibsondunn.com
333 South Grand Avenue
Los Angeles, California 90071
Telephone: (213) 229-7000
Facsimile: (213) 229-7520
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 DIVISON
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MATTHEW CAMPBELL, MICHAEL
HURLEY, and DAVID SHADPOUR,
Plaintiffs,
v.
FACEBOOK, INC.,
Case No. C 13-05996 PJH (MEJ)
PUTATIVE CLASS ACTION
DECLARATION OF ALEX HIMEL
REGARDING AVAILABILITY
FOR DEPOSITION
Defendant.
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Gibson, Dunn &
Crutcher LLP
DECLARATION OF ALEX HIMEL REGARDING AVAILABILITY FOR DEPOSITION
Case No. C 13-05996 PJH (MEJ)
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I, Alex Himel, declare as follows:
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I have been employed as a software engineer at Facebook since April 2009, and my
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current title is Engineering Director. I am over the age of 18 and have personal knowledge of the
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matters stated herein and, if called as a witness, could and would testify competently thereto.
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2.
On June 1, 2015, I signed a declaration on behalf of Facebook in this action regarding
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documents produced in lieu of source code that are relevant to certain processes related to messages
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and social plugins. As I explained in that declaration, Facebook’s source code is a closely guarded
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trade secret of enormous economic value to the company, and Facebook undertakes significant
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efforts to protect its source code against disclosure.
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3.
I understand that counsel for plaintiffs has requested a date for my deposition during
the week of June 15, 2015.
4.
Unfortunately, as Facebook’s counsel has explained to plaintiffs, I am not available
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for a deposition during the week of June 15, nor am I available for a deposition prior to July 8, 2015.
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I understand that my deposition will require at least two days (or longer) to prepare for and conduct.
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My ongoing role at Facebook is very demanding; it involves overseeing the daily operations and
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efforts of over 200 other employees, including software engineers, engineering managers, and
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engineering directors. My teams and I are responsible for building and ensuring the correct
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functioning of the algorithms underlying some of the most-used aspects of Facebook’s user interface.
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Due to several specific, important events scheduled between now and July 8, 2015, it would be a
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significant burden on Facebook and on me personally to spend two or more days preparing for and
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conducting my deposition prior to that date.
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5.
In particular, Facebook’s bi-annual strategic planning sessions are scheduled for the
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week of June 15, 2015. During these sessions, which occur only two times per year, employees have
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small group meetings with personnel to whom we report and, depending on our seniority, upper level
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management. Because I am a fairly senior Engineering Director, my strategic planning sessions will
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involve extended meetings with the Vice President of the Facebook Utility group (to whom I directly
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report) and the Chief Executive Officer of Facebook, Mark Zuckerberg (to whom my superior
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Gibson, Dunn &
Crutcher LLP
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DECLARATION OF ALEX HIMEL REGARDING AVAILABILITY FOR DEPOSITION
Case No. C 13-05996 PJH (MEJ)
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directly reports). During these meetings, we will discuss product strategies and other major
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undertakings for the next six months. These bi-annual strategic planning sessions are essential for
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determining the roadmap for the company, and as a high-level Engineering Director to whom several
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other engineering managers and directors report, I am responsible for spearheading various efforts to
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prepare for and implement these sessions. Preparing for and attending these important meetings is
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extremely time consuming and all-encompassing. In addition, I must conduct meetings with my own
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teams to begin implementing the plans and decisions made following these sessions.
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6.
I understand that last week, counsel for plaintiffs also asked if I was available for
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deposition during the week of June 22, 2015—specifically on two days that week (June 22 or 23).
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However, I will be in New York for preexisting work commitments on those days, as well as that
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entire week (I fly to New York on Sunday, June 21 and return on Friday, June 26), and therefore I am
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unavailable for a deposition that week, as well.
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7.
I understand that counsel for plaintiffs has not requested my deposition during the
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following holiday week of June 29-July 2, 2015. However, it would be challenging to sit for a
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deposition that week due to the short, 4-day week. Specifically, during the early part of the week, I
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am informed that plaintiffs are deposing another Facebook employee (Jiakai Liu) on June 30, and that
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Facebook’s counsel will be meeting with Mr. Liu on June 29 and attending his deposition on June 30,
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and therefore will be unavailable to meet with me during those days or to defend my deposition then.
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I also have a product meeting scheduled with Mr. Zuckerberg during the afternoon of June 30.
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Additionally, my inability to meet with counsel beforehand to prepare for my deposition would make
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it impossible for me to attend a deposition on July 1 and very challenging to attend a deposition on
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July 2 (the day before the holiday weekend). Consequently, the first date on which I do not have an
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important, existing commitment that would allow for me to meaningfully meet with Facebook’s
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attorneys in advance of my deposition is July 8, 2015.
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Gibson, Dunn &
Crutcher LLP
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DECLARATION OF ALEX HIMEL REGARDING AVAILABILITY FOR DEPOSITION
Case No. C 13-05996 PJH (MEJ)
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