Case 4:16-cv-01730-YGR Document 194 Filed 03/08/19 Page 1 of 4
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`Michael G. Rhodes (SBN 116127)
`COOLEY LLP
`101 California Street, 5th Floor
`San Francisco, California 94111-5800
`Telephone: (415) 693-2000
`Facsimile: (415) 693-2222
`
`
`Heidi L. Keefe (SBN 178960)
`Mark R. Weinstein (SBN 193043)
`Lowell D. Mead (SBN 223989)
`COOLEY LLP
`3175 Hanover Street
`Palo Alto, California 94304
`Telephone: (650) 843-5000
`Facsimile: (650) 849-7400
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`Phillip E. Morton (pro hac vice)
`Emily E. Terrell (SBN 234353)
`Stephen C. Crenshaw (pro hac vice)
`COOLEY LLP
`1299 Pennsylvania Avenue, NW
`Suite 700
`Washington, DC 20004
`Telephone: (202) 842-7800
`Facsimile: (202) 842-7899
`Attorneys for Defendant
`FACEBOOK, INC.
`
`
`UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF CALIFORNIA
`OAKLAND DIVISION
`
`WINDY CITY INNOVATIONS, LLC
`Plaintiff,
`
`v.
`FACEBOOK, INC.,
`Defendant.
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`
`
`Case No. 4:16-cv-01730-YGR
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`FACEBOOK, INC.’S
`ADMINISTRATIVE MOTION TO
`FILE UNDER SEAL (RE:
`FACEBOOK’S REPLY IN SUPPORT
`OF MOTION FOR SUMMARY
`JUDGMENT)
`
`The Honorable Yvonne Gonzalez Rogers
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`CASE NO. 4:16-CV-01730-YGR
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`1.
`
`FACEBOOK’S ADMINISTRATIVE MOTION
` TO FILE UNDER SEAL
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`

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`Case 4:16-cv-01730-YGR Document 194 Filed 03/08/19 Page 2 of 4
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`I.
`
`NOTICE OF MOTION AND MOTION TO FILE DOCUMENTS UNDER SEAL
`Pursuant to Civil Local Rules 7-11 and 79-5, Defendant Facebook, Inc. (“Facebook”) hereby
`moves this Court for an Order allowing Facebook to file under seal confidential, unredacted versions
`of the following documents:
`1.
`Facebook’s Reply In Support of Motion for Summary Judgment (“Reply Brief”);
`2.
`Exhibit 24 to Declaration of Phillip E. Morton in Support of Facebook’s Reply In
`Support of Motion for Summary Judgment.
`Facebook respectfully submits that compelling reasons exist for the filing of these documents
`under seal. The motion is based on the following Memorandum of Points and Authorities, and the
`Declaration of Phillip E. Morton in Support of Administrative Motion to File Under Seal.
`MEMORANDUM OF POINTS AND AUTHORITIES
`LEGAL STANDARD
`“[T]he courts of this country recognize a general right to inspect and copy public records and
`documents, including judicial records and documents.” Nixon v. Warner Commc’ns, Inc., 435 U.S.
`589, 597 & n.7 (1978). The right, however, “is not absolute and can be overridden given sufficiently
`compelling reasons for doing so.” Foltz, 331 F.3d at 1135. “A narrow range of documents is not
`subject to the right of public access at all because the records have traditionally been kept secret for
`important policy reasons.” Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1178 (9th Cir.
`2006) (internal citations omitted). A party intending to seal document in connection with a dispositive
`motion “must show that ‘compelling reasons supported by specific factual findings . . . outweigh the
`general history of access and the public policies favoring disclosure.’” Pintos v. Pac. Creditors Ass’n,
`565 F.3d 1106, 1115-16 (9th Cir. 2009) (citing Kamakana, 447 F.3d at 1178-79).
`II.
`ARGUMENT
`The following documents contain materials designated by Windy City as “CONFIDENTIAL”
`or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” pursuant to the controlling
`Protective Order (D.I. 67) in this case: (1) Facebook’s Reply In Support of Motion for Summary
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`CASE NO. 4:16-CV-01730-YGR
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`2.
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`FACEBOOK’S ADMINISTRATIVE MOTION
` TO FILE UNDER SEAL
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`

`

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`Case 4:16-cv-01730-YGR Document 194 Filed 03/08/19 Page 3 of 4
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`Judgment; and (2) Exhibit 24 to the Declaration of Phillip E Morton In Support of Facebook’s Reply
`In Support of Motion for Summary Judgment.1
`Under Civil Local Rule 79-5(e), a party may seek to “file under seal a document designated as
`confidential [and Highly Confidential – Attorneys’ Eyes Only] by the opposing party or a non-party
`pursuant to a protective order, or a document containing information so designated by an opposing
`party or a nonparty.” Civil L.R. 79-5(e). Facebook does not take a position on whether or not the
`material designated as confidential by Windy City should properly be withheld, but has filed this
`motion to comply with the Protective Order and the Civil Local Rules. The relief requested in this
`motion is necessary and is narrowly tailored to protect confidential information.
`III. CONCLUSION
`Pursuant to Civil Local Rule 79-5(d), Facebook attaches to this motion: (1) a declaration from
`Phillip E. Morton in support thereof; (2) a proposed order that is narrowly tailored to seal only the
`sealable material and lists in table format each document or portion thereof that is sought to be sealed;
`(3) redacted versions of the documents sought to be sealed; and (4) unredacted versions of the
`documents. Pursuant to Civil Local Rule 79-5(e), Facebook will serve Phillip E. Morton’s declaration
`supporting this motion on Windy City and will file proof of such service. Accordingly, Facebook
`respectfully requests that the Court grant its administrative motion to seal the aforementioned
`information from the public record.
`
`
`1 Facebook does not contend that any portion of its Reply Brief contains Facebook technical trade
`secrets or confidential business information requiring sealing. However, Facebook notes that certain
`of the exhibits cited in the Reply Brief are exhibits to Windy City’s Opposition to Facebook’s Motion
`for Summary Judgment which Facebook seeks to seal in their entirety, as set forth in Windy City’s
`Administrative Motion to File Opposition to Facebook’s Motion for Summary Judgment Under Seal
`(D.I. 184), Declaration of P. Morton in Support of Windy City’s Administrative Motion to Seal (D.I.
`189), and Declaration of S. O’Reilly in Support of Windy City’s Administrative Motion to Seal (D.I.
`190-1). For example, in its Reply Brief, Facebook refers to testimony of Facebook engineer Hany
`Barakat regarding testing (see Facebook Reply at n.10) and cites to Exhibit T (excerpts from Mr.
`Barakat’s deposition transcript). While the discussion of this testimony in the Reply Brief is at a high
`level and Facebook does not seek to seal it, as set forth in Mr. Morton and Mr. O’Reilly’s declarations
`(at D.I. 189 and 190-1, respectively), it is Facebook’s position that the underlying Exhibit T does
`contain confidential Facebook technical trade secret and sensitive business information, and should be
`sealed in its entirety. The same is also true for Exhibits U, V, W, X and Y.
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`CASE NO. 4:16-CV-01730-YGR
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`3.
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`FACEBOOK’S ADMINISTRATIVE MOTION
` TO FILE UNDER SEAL
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`

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`Case 4:16-cv-01730-YGR Document 194 Filed 03/08/19 Page 4 of 4
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`Dated:
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`March 8, 2019
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`Respectfully submitted,
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`COOLEY LLP,
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`
`/s/ Heidi L. Keefe
`Heidi L. Keefe
`Attorneys for Defendant
`FACEBOOK, INC.
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`CASE NO. 4:16-CV-01730-YGR
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`4.
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`FACEBOOK’S ADMINISTRATIVE MOTION
` TO FILE UNDER SEAL
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