Case No. 3:17-cv-00359-WHA GODKIN DECL. ISO ADMINISTRATIVE MOTION TO SEAL 

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Basil P. Fthenakis, Esq. (88399) 

CRITERION LAW 

2225 E. Bayshore Road, Suite 200 

Palo Alto, California 94303 

Tel. (650) 352-8400 

Fax. (650) 352-8408 

Of counsel: 

David S. Godkin (Admitted pro hac vice) 

James E. Kruzer (Admitted pro hac vice) 

BIRNBAUM & GODKIN, LLP 

280 Summer Street 

Boston, MA 02210 

Tel: (617) 307-6100 

Fax: (617) 307-6101 

godkin@birnbaumgodkin.com 

kruzer@birnbaumgodkin.com 

Attorneys for Plaintiff, 

SIX4THREE, LLC, a Delaware 

limited liability company 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

SIX4THREE, LLC, a Delaware limited 

liability company, 

 Plaintiff, 

v. 

FACEBOOK, INC., a Delaware corporation 

and DOES 1 through 50, inclusive 

 Defendants. 

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Case No. 3:17-cv-00359-WHA 

DECLARATION OF DAVID S. GODKIN 

IN SUPPORT OF ADMINISTRATIVE 

MOTION TO FILE UNDER SEAL 

 

Date: February 16, 2017 

Time: 8:00AM 

Ctrm: 8 

Judge: Honorable William H. Alsup 

Case 3:17-cv-00359-WHA Document 22-1 Filed 02/09/17 Page 1 of 3
Case No. 3:17-cv-00359-WHA GODKIN DECL. ISO ADMINISTRATIVE MOTION TO SEAL 

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I, David S. Godkin, declare: 

1. I am a partner in the law firm Birnbaum & Godkin, LLP and am counsel for 

Six4Three, LLC (“643”) in the above-captioned action. I have been admitted pro hac vice in 

this case. 

2. I submit this Declaration in support of plaintiff’s Administrative Motion to File 

Under Seal 

3. 643 moves to file under seal Exhibits 3 through 19 of the Declaration of David 

S. Godkin in Support of Plaintiff’s Reply to Defendant’s Opposition to Plaintiff’s Motion to 

Remand and portions of the reply memorandum referring to these exhibits. Exhibits 4 through 

19 are emails that Defendant Facebook, Inc. (“Facebook”) has designated “Confidential” 

pursuant to the Section 2 of the Protective Order entered into in the state court case by Judge 

Jonathan Karesh of the San Mateo Superior Court on October 25, 2016. This Protective Order 

is attached hereto as Exhibit 1. Exhibit 3 is a letter from 643’s counsel to Facebook’s Counsel 

on January 10, 2017 summarizing 643’s review of discovery to date and summarizing the basis 

for its Motion to Compel production of documents in the custody of key Facebook executives. 

Exhibit 4 relies on selections of and characterizes documents that Facebook designated 

“Confidential” under the Protective Order. 

4. 643 sought Facebook’s assent to file these documents under seal and obtain a 

stipulation to this effect by emailing all counsel of record for Facebook on February 8, 2017 

with copies of documents attached to the email. In view of today’s filing deadline for 643’s 

Reply papers, 643 asked Facebook to respond by 6:00 pm PST on February 8, 2017. 

Facebook’s counsel responded on February 9, 2017 that Facebook “will file a responsive 

declaration to 643’s motion to seal as appropriate under L.R. 79-5(e).” Facebook’s counsel did 

not directly respond to 643s request to stipulate to filing the document under seal. 

Case 3:17-cv-00359-WHA Document 22-1 Filed 02/09/17 Page 2 of 3
Case No. 3:17-cv-00359-WHA GODKIN DECL. ISO ADMINISTRATIVE MOTION TO SEAL 

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5. I declare the foregoing to be true and correct as of the date listed immediately 

below. 

DATED: February 9, 2017 

By: /s/ David S. Godkin 

David S. Godkin 

Attorney for Six4three, LLC 

CERTIFICATE OF SERVICE 

The undersigned hereby certifies, under penalty of perjury under the laws of the State of 

California, that I electronically filed the foregoing document with the Clerk of the Court using 

the CM/ECF system which will send notification of such filing to the following: 

Sonal N. Mehta 

Laura E. Miller 

Catherine Y. Kim 

Durie Tangri LLP 

217 Leidesdorff Street 

San Francisco, CA 94111 

SMehta@durietangri.com 

LMiller@durietangri.com 

CKim@durietangri.com 

DATED: February 9, 2017 

By: /s/ David S. Godkin 

 David S. Godkin

Case 3:17-cv-00359-WHA Document 22-1 Filed 02/09/17 Page 3 of 3