Dunstan et al v. comScore, Inc.

Filing 331

MOTION by Plaintiffs Jeff Dunstan, Mike Harris to seal document sealed document 330 , sealed document,,, 328 , sealed document 324 (Larry, James)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION
MIKE HARRIS and JEFF DUNSTAN,
individually and on behalf of a class of
similarly situated individuals,

Case No. 1:11-cv-5807

Plaintiffs,

Hon. James F. Holderman

v.

Magistrate Judge Young B. Kim

COMSCORE, INC., a Delaware corporation,
Defendant.
PLAINTIFFS’ MOTION TO FILE DOCUMENTS UNDER SEAL
Plaintiffs Mike Harris and Jeff Dunstan (“Plaintiffs”), pursuant to Federal Rule of Civil
Procedure 5.2 and Local Rules 5.8 and 26.2, respectfully move the Court for an Order granting
them leave to file certain documents under seal, either in whole or in part, in conjunction with
Plaintiffs’ Motion for Partial Summary Judgment. In support of this Motion, Plaintiffs state as
follows:
1.

On February 20 and 21, 2014, concurrently with the filing of this Motion,

Plaintiffs filed their Motion for Partial Summary Judgment (the “Summary Judgment Motion”),
their supporting Memorandum of Law (the “Memorandum”), their Local Rule 56.1 Statement of
Undisputed Material Facts in Support of Their Motion for Partial Summary Judgment (the
“Statement of Facts”), and the Declaration of Benjamin S. Thomassen (the “Thomassen
Declaration”) in support of the Summary Judgment Motion.
Documents and Exhibits Containing PII of Known Minors
2.

First, the Memorandum, Statement of Facts, and Thomassen Declaration quote

and/or reference material from Defendant comScore, Inc.’s (“comScore”) document production
in this matter that includes the personally identifiable information (“PII”) of a known minor.
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3.

Pursuant to Federal Rule of Civil Procedure 5.2(a), Plaintiffs have redacted all

references to the known minor’s name from all publicly filed versions of the Memorandum,
Statement of Facts, and Thomassen Declaration, but also seek leave to file all potential PII
attributable to the known minor (including, for example, the minor’s Facebook.com user ID
information and birth year) under seal.
4.

Plaintiffs also seek leave to file Exhibit 31 to the Thomassen Declaration partially

under seal. Exhibit 31 was created over the course of Plaintiffs’ investigation in this matter, and
was generated by using the PII of a minor. Pursuant to Federal Rule of Civil Procedure 5.2(a),
Plaintiffs have redacted all references to the known minor’s name from Exhibit 31, but also seek
leave to file under seal all other information that is personally identifying, including the minor’s
Facebook.com UserID, user name, and personal pictures.
Documents and Exhibits Marked as Confidential by comScore
5.

Second, attached to the Thomassen Declaration, among other exhibits, are the

following documents that Defendant comScore, Inc. (“comScore”) has marked
“CONFIDENTIAL” or “CONFIDENTIAL—ATTORNEYS’ EYES ONLY” pursuant to the
January 20, 2012 Protective Order entered by Magistrate Judge Kim in this case (the “Protective
Order”) (Dkt. 72):
a.

Exhibit 1: Excerpts from the November 21, 2013 Deposition of
comScore’s Vice President of Panel Operations, John O’Toole;

b.

Exhibit 2: Excerpts from the November 20, 2013 Deposition of
comScore’s Director of Technology, Yvonne Bigbee;

c.

Exhibit 3: Excerpts from the August 15, 2012 Rule 30(b)(6) Deposition of
comScore’s Chief Technology Officer, Michael Brown. While comScore
has marked the entirety of Mr. Brown’s deposition transcript as
“CONFIDENTIAL—ATTORNEYS’ EYES ONLY,” comScore also
previously consented to the public filing of certain pages from the

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transcript in unredacted form—many of which appear in Exhibit 3 (See
Dkt. 150-1 at ¶¶ 3–4);
d.

Exhibit 6: Excerpts from the January 24, 2014 Rule 30(b)(6) Deposition of
comScore’s Vice President of Financial Planning and Analysis, Scott
Mitchell;

e.

Exhibit 7: Excerpts from the January 24, 2014 Rule 30(b)(6) Deposition of
comScore’s Vice President of Panel Operations, John O’Toole;

f.

Exhibit 8: PowerPoint file bearing Bates number
“CS0081903_Confidential--Attorney’s Eyes Only.pptx”;

g.

Exhibit 9: Excerpts from the December 13, 2013 Deposition of
comScore’s Chief Research Officer, Joshua Chasin;

h.

Exhibit 10: Excerpts from the September 12, 2012 Deposition of
comScore’s Director of Technology, Yvonne Bigbee. While comScore has
marked the entirety of Ms. Bigbee’s deposition transcript as
“CONFIDENTIAL—ATTORNEYS’ EYES ONLY,” comScore also
previously consented to the public filing of certain pages from the
transcript in unredacted form—some of which appear in Exhibit 10 (See
Dkt. 150-1 at ¶¶ 3–4);

i.

Exhibit 12: Excerpts from the December 13, 2012 Deposition of Colin
O’Malley. While comScore has marked the entirety of Mr. O’Malley’s
deposition transcript as “CONFIDENTIAL—ATTORNEYS’ EYES
ONLY,” comScore also previously consented to the public filing of
certain pages from the transcript in unredacted form—some of which
appear in Exhibit 12 (See Dkt. 150-1 at ¶¶ 3–4);

j.

Exhibit 13: Excerpts from the December 3, 2013 Deposition of
comScore’s Deputy Privacy Officer, Richard Weaver;

k.

Exhibit 14: Excerpts from the November 14, 2013 Deposition of
comScore’s Senior Director of Quality Assurance, Glenn Marchione;

l.

Exhibit 15: Email correspondence bearing Bates number
“CS0035637_Confidential--Attorney’s Eyes Only.htm”;

m.

Exhibit 17: Excerpts from the October 25, 2012 Deposition of Don
Waldhalm;

n.

Exhibit 18: An internal JIRA ticket bearing Bates number
“CS0017688_Confidential--Attorney’s Eyes Only.pdf”;

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o.
p.

Exhibit 20: Email correspondence bearing Bates number
“CS0081698_Confidential.htm”;

q.

Exhibit 21: Email correspondence bearing Bates number
“CS0081713_Confidential.htm”;

r.

Exhibit 22: Excerpts from the November 22, 2013 Deposition of
comScore’s Panel Operations Manager, Latoya Peterson-Renfrow;

s.

Exhibit 23: Excerpts from the November 13, 2013 Deposition of
comScore’s Director of Software Engineering, Steven Chase;

t.

Exhibit 24: Excerpts from the January 23, 2014 Rule 30(b)(6) Deposition
of comScore’s Chief Technology Officer, Michael Brown;

u.

Exhibit 25: Email correspondence bearing Bates number
“CS0042536_Confidential--Attorney’s Eyes Only.htm”;

v.

Exhibit 26: Email correspondence bearing Bates number
“CS0071631_Confidential--Attorney’s Eyes Only.htm”;

w.

Exhibit 29: Email correspondence bearing Bates number
“CS0082285_Confidential--Attorney’s Eyes Only.htm”; and

x.
6.

Exhibit 19: Email correspondence bearing Bates number
“CS0076561_Confidential--Attorney’s Eyes Only.htm”;

Exhibit 30: Excerpts from a document bearing Bates Number
“CS0096108_Confidential--Attorney’s Eyes Only.docx.”

The Protective Order prohibits either Party from publicly disclosing documents

marked as “CONFIDENTIAL,” “CONFIDENTIAL⎯ATTORNEYS’ EYES ONLY,” or
“Highly Confidential⎯Source Code.” (Dkt. No. 72 at ¶¶ 7, 9.)
7.

Accordingly, and pursuant to comScore’s “CONFIDENTIAL” and

“CONFIDENTIAL⎯ATTORNEYS’ EYES ONLY” designations and the Protective Order
entered in this case, Plaintiffs seek leave to file Exhibits 1, 2, 6–9, 13–15, 17–26, 29, and 30,
described supra, ¶ 2, entirely under seal, and Exhibits 3, 10, and 12, described supra, ¶ 2,
partially under seal.

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8.

Additionally, because the Memorandum, Statement of Facts, and Thomassen

Declaration quote and otherwise reference material from the Exhibits discussed supra, ¶¶ 4-6,
Plaintiffs seek leave to file those documents partially under seal.
WHEREFORE, Plaintiffs Mike Harris and Jeff Dunstan respectfully move the Court,
pursuant to Local Rules 5.8 and 26.2 for an Order:
(i)

Granting them leave to file entirely under seal Exhibits 1, 2, 6–9, 13–15, 17–26,
29, and 30 to the Thomassen Declaration;

(ii)

Granting them leave to file partially under seal Exhibits 3, 10, 12, and 31 to the
Thomassen Declaration, as well as Plaintiffs’ Memorandum of Law in Support of
Their Motion for Partial Summary Judgment, Plaintiffs’ Local Rule 56.1
Statement of Undisputed Material Facts in Support of Their Motion for Partial
Summary Judgment, and the Declaration of Benjamin S. Thomassen; and

(ii)

Awarding such other and further relief as the Court deems equitable and just.

Dated: February 21, 2014

Respectfully submitted,
MIKE HARRIS and JEFF DUNSTAN,
individually and on behalf of all others
similarly situated,
By: s/ J. Dominick Larry
One of Plaintiffs’ Attorneys

Jay Edelson
[e-mail]
Rafey S. Balabanian
[e-mail]
Benjamin S. Thomassen
[e-mail]
J. Dominick Larry
[e-mail]
EDELSON PC
350 North LaSalle Street, Suite 1300

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Chicago, Illinois 60654
Tel: [phone]
Fax: [phone]
Attorneys for Plaintiffs, the Class, and the Subclass

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CERTIFICATE OF SERVICE
I, J. Dominick Larry, an attorney, certify that on February 21, 2014, I served the above
and foregoing Plaintiffs’ Motion to File Documents Under Seal, by causing true and accurate
copies of such paper to be filed and transmitted to all counsel of record via the Court’s CM/ECF
electronic filing system.

s/ J. Dominick Larry

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