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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1 2 3 4 5 6 7 8 9 10 11 12 13 GIBSON, DUNN & CRUTCHER LLP JOSHUA A. JESSEN, SBN 222831 JEANA BISNAR MAUTE, SBN 290573 ASHLEY M. ROGERS, SBN 286252 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 CHRISTOPHER CHORBA, SBN 216692 333 South Grand Avenue Los Angeles, California 90071 Telephone: (213) 229-7000 Facsimile: (213) 229-7520 Attorneys for Defendant FACEBOOK, INC. 14 UNITED STATES DISTRICT COURT 15 NORTHERN DISTRICT OF CALIFORNIA 16 OAKLAND DIVISON 17 18 19 20 21 22 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. 23 24 25 26 27 28 Gibson, Dunn & Crutcher LLP DECLARATION OF ALEX HIMEL REGARDING AVAILABILITY FOR DEPOSITION Case No. C 13-05996 PJH (MEJ) 1 2 I, Alex Himel, declare as follows: 1. I have been employed as a software engineer at Facebook since April 2009, and my 3 current title is Engineering Director. I am over the age of 18 and have personal knowledge of the 4 matters stated herein and, if called as a witness, could and would testify competently thereto. 5 2. On June 1, 2015, I signed a declaration on behalf of Facebook in this action regarding 6 documents produced in lieu of source code that are relevant to certain processes related to messages 7 and social plugins. As I explained in that declaration, Facebook’s source code is a closely guarded 8 trade secret of enormous economic value to the company, and Facebook undertakes significant 9 efforts to protect its source code against disclosure. 10 11 12 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 13 for a deposition during the week of June 15, nor am I available for a deposition prior to July 8, 2015. 14 I understand that my deposition will require at least two days (or longer) to prepare for and conduct. 15 My ongoing role at Facebook is very demanding; it involves overseeing the daily operations and 16 efforts of over 200 other employees, including software engineers, engineering managers, and 17 engineering directors. My teams and I are responsible for building and ensuring the correct 18 functioning of the algorithms underlying some of the most-used aspects of Facebook’s user interface. 19 Due to several specific, important events scheduled between now and July 8, 2015, it would be a 20 significant burden on Facebook and on me personally to spend two or more days preparing for and 21 conducting my deposition prior to that date. 22 5. In particular, Facebook’s bi-annual strategic planning sessions are scheduled for the 23 week of June 15, 2015. During these sessions, which occur only two times per year, employees have 24 small group meetings with personnel to whom we report and, depending on our seniority, upper level 25 management. Because I am a fairly senior Engineering Director, my strategic planning sessions will 26 involve extended meetings with the Vice President of the Facebook Utility group (to whom I directly 27 report) and the Chief Executive Officer of Facebook, Mark Zuckerberg (to whom my superior 28 Gibson, Dunn & Crutcher LLP 1 DECLARATION OF ALEX HIMEL REGARDING AVAILABILITY FOR DEPOSITION Case No. C 13-05996 PJH (MEJ) 1 directly reports). During these meetings, we will discuss product strategies and other major 2 undertakings for the next six months. These bi-annual strategic planning sessions are essential for 3 determining the roadmap for the company, and as a high-level Engineering Director to whom several 4 other engineering managers and directors report, I am responsible for spearheading various efforts to 5 prepare for and implement these sessions. Preparing for and attending these important meetings is 6 extremely time consuming and all-encompassing. In addition, I must conduct meetings with my own 7 teams to begin implementing the plans and decisions made following these sessions. 8 6. I understand that last week, counsel for plaintiffs also asked if I was available for 9 deposition during the week of June 22, 2015—specifically on two days that week (June 22 or 23). 10 However, I will be in New York for preexisting work commitments on those days, as well as that 11 entire week (I fly to New York on Sunday, June 21 and return on Friday, June 26), and therefore I am 12 unavailable for a deposition that week, as well. 13 7. I understand that counsel for plaintiffs has not requested my deposition during the 14 following holiday week of June 29-July 2, 2015. However, it would be challenging to sit for a 15 deposition that week due to the short, 4-day week. Specifically, during the early part of the week, I 16 am informed that plaintiffs are deposing another Facebook employee (Jiakai Liu) on June 30, and that 17 Facebook’s counsel will be meeting with Mr. Liu on June 29 and attending his deposition on June 30, 18 and therefore will be unavailable to meet with me during those days or to defend my deposition then. 19 I also have a product meeting scheduled with Mr. Zuckerberg during the afternoon of June 30. 20 Additionally, my inability to meet with counsel beforehand to prepare for my deposition would make 21 it impossible for me to attend a deposition on July 1 and very challenging to attend a deposition on 22 July 2 (the day before the holiday weekend). Consequently, the first date on which I do not have an 23 important, existing commitment that would allow for me to meaningfully meet with Facebook’s 24 attorneys in advance of my deposition is July 8, 2015. 25 26 27 28 Gibson, Dunn & Crutcher LLP 2 DECLARATION OF ALEX HIMEL REGARDING AVAILABILITY FOR DEPOSITION Case No. C 13-05996 PJH (MEJ)

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