TimesLines, Inc v. Facebook, Inc.

Filing 96

MOTION by Defendant Facebook, Inc.in limine (Hughes, Brendan)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
TIMELINES, INC.
Plaintiff,
v.
FACEBOOK, INC.
Defendant.

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Civil Action No.: 11 CV 6867
HONORABLE JOHN W. DARRAH

DEFENDANT FACEBOOK, INC.’S MOTION IN LIMINE
TO PROTECT FROM PUBLIC DISCLOSURE HIGHLY CONFIDENTIAL DATA
CONTAINED IN TWO SPREADSHEETS PRODUCED BY FACEBOOK
In furtherance of the parties’ stipulated agreement, Defendant Facebook, Inc.
(“Facebook”) hereby moves this Court to order the following relief to protect highly sensitive
and confidential revenue, click, and impression data contained in two spreadsheets produced by
Facebook:
1. Pursuant to an agreement between counsel for the parties, the revenue, click, and
impression data relating to specific Facebook ad products and contained in
FB_TL_00011912 and FB_TL_00011919 (“the Spreadsheets”) will be redacted
from any exhibits used at the trial of this matter by either party.
2. At trial, exhibits and demonstrative displays with information from the redacted
versions of the Spreadsheets (i.e., revenue, click, and impression data not specific
to particular Facebook ad products) may be disclosed to: (a) the Court and its
personnel; (b) the jury; (c) Timelines’ President and corporate representative; and
(d) the parties’ respective experts and witnesses, as necessary.
3. The Court will not include the redacted exhibits or demonstrative displays, or
testimony about the highly confidential revenue, click, and impression data
contained in the Spreadsheets, in its publicly available records or otherwise make
such data publicly available.
4. After trial, Timelines will continue to treat the revenue, click, and impression data
in the Spreadsheets as “Highly Confidential – Outside Counsel Only” pursuant to
the terms of the Protective Order and the non-disclosure agreement executed by
Timelines’ President.
In support of its motion, Facebook submits the accompanying memorandum and the
parties’ stipulated agreement. Facebook respectfully requests that this Court grant this motion.
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Dated: February 20, 2013

Respectfully submitted,

COOLEY LLP
By:

/s/ Brendan J. Hughes
Peter J. Willsey (pro hac vice)
Brendan Hughes (pro hac vice)
1229 Pennsylvania Ave., NW, Suite 700
Washington, DC 20004
Tel: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]
Michael G. Rhodes (pro hac vice)
101 California Street, 5th Floor
San Francisco, CA 94111-5800
Tel: [phone]
Fax: [phone]
Email: [e-mail]
Steven D. McCormick (#1824260)
KIRKLAND & ELLIS LLP
300 North LaSalle
Chicago, IL 60654-3406
Tel: [phone]
Fax: [phone]
Email: [e-mail]
Counsel for Facebook, Inc.

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CERTIFICATE OF SERVICE
The undersigned, an attorney, hereby certifies that he served the foregoing
DEFENDANT FACEBOOK, INC.’S MOTION IN LIMINE TO PROTECT FROM
PUBLIC DISCLOSURE HIGHLY CONFIDENTIAL DATA CONTAINED IN TWO
SPREADSHEETS PRODUCED BY FACEBOOK by means of the Court’s CM/ECF System,
which causes a true and correct copy of the same to be served electronically on all CM/ECF
registered counsel of record, on February 20, 2013.
Dated: February 20, 2013
/s/ Brendan J. Hughes
Brendan J. Hughes (pro hac vice)
COOLEY LLP
1229 Pennsylvania Ave., NW, Suite 700
Washington, DC 20004
Tel: [phone]
Fax: [phone]
Email: [e-mail]

185684 DC

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