Case No. 3:17-cv-00359-WHA DSG REPLY DECLARATION 

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

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 

bpf@criterionlaw.com 

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. 

)

)

)

)

)

)

)

)

)

)

)

) 

) 

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

DECLARATION OF DAVID S. 

GODKIN IN SUPPORT OF 

PLAINTIFF’S REPLY TO 

DEFENDANT’S OPPOSITION TO 

PLAINTIFF’S MOTION TO REMAND 

 

Date: February 16, 2017 

Time: 8:00AM 

Ctrm: 8 

Judge: Honorable William H. Alsup 

Case 3:17-cv-00359-WHA Document 23 Filed 02/09/17 Page 1 of 5
Case No. 3:17-cv-00359-WHA DSG REPLY DECLARATION 

 

1 

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

I, David Godkin, declare: 

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

Six4Three, LLC (“643”) in the above-captioned action. 

2. I submit this Declaration in satisfaction of Civil L.R. 7-2 and 7-5. 

3. A true and correct copy of the operative complaint filed by plaintiff in National 

Credit Reporting Ass’n v. Experian Info. Solutions, Inc., U.S. Dist. LEXIS 17303 (N.D. Cal. July 

21, 2004) is attached as Exhibit 1. 

4. A true and correct copy of the operative complaint filed by plaintiff in In re Nat’l 

Football Leagues Sunday Ticket Antitrust Litig., 2016 U.S. Dist. LEXIS 41639 (C.D. Cal. Mar. 

28, 2016) is attached as Exhibit 2. 

5. A true and correct copy of the letter I sent to Facebook’s Counsel on January 10, 

2017 summarizing Six4Three’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 is 

attached as Exhibit 3. This document contains selections and characterizations of documents 

which Facebook designated “Confidential” pursuant to 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. 

6. A true and correct copy of Bates Stamp FB-00061365 is attached as Exhibit 4. 

This document has been designated by Facebook as “Confidential” pursuant to the Protective 

Order in the state-court action. 

Case 3:17-cv-00359-WHA Document 23 Filed 02/09/17 Page 2 of 5
Case No. 3:17-cv-00359-WHA DSG REPLY DECLARATION 

 

2 

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

7. A true and correct copy of Bates Stamp FB-00423235 is attached as Exhibit 5. 

This document has been designated by Facebook as “Confidential” pursuant to the Protective 

Order in the state-court action. 

8. A true and correct copy of Bates Stamp FB-00061249 is attached as Exhibit 6. 

This document has been designated by Facebook as “Confidential” pursuant to the Protective 

Order in the state-court action. 

9. A true and correct copy of Bates Stamp FB-00061437 is attached as Exhibit 7. 

This document has been designated by Facebook as “Confidential” pursuant to the Protective 

Order in the state-court action. 

10. A true and correct copy of Bates Stamp FB-00427400 is attached as Exhibit 8. 

This document has been designated by Facebook as “Confidential” pursuant to the Protective 

Order in the state-court action. 

11. A true and correct copy of Bates Stamp FB-00427604 is attached as Exhibit 9. 

This document has been designated by Facebook as “Confidential” pursuant to the Protective 

Order in the state-court action. 

12. A true and correct copy of Bates Stamp FB-00031050 is attached as Exhibit 10. 

This document has been designated by Facebook as “Confidential” pursuant to the Protective 

Order in the state-court action. 

13. A true and correct copy of Bates Stamp FB-00043884 is attached as Exhibit 11. 

This document has been designated by Facebook as “Confidential” pursuant to the Protective 

Order in the state-court action. 

Case 3:17-cv-00359-WHA Document 23 Filed 02/09/17 Page 3 of 5
Case No. 3:17-cv-00359-WHA DSG REPLY DECLARATION 

 

3 

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

14. A true and correct copy of Bates Stamp FB-00042856 is attached as Exhibit 12. 

This document has been designated by Facebook as “Confidential” pursuant to the Protective 

Order in the state-court action. 

15. A true and correct copy of Bates Stamp FB-00042899 is attached as Exhibit 13. 

This document has been designated by Facebook as “Confidential” pursuant to the Protective 

Order in the state-court action. 

16. A true and correct copy of Bates Stamp FB-00042373 is attached as Exhibit 14. 

This document has been designated by Facebook as “Confidential” pursuant to the Protective 

Order in the state-court action. 

17. A true and correct copy of Bates Stamp FB-00043830 is attached as Exhibit 15. 

This document has been designated by Facebook as “Confidential” pursuant to the Protective 

Order in the state-court action. 

18. A true and correct copy of Bates Stamp FB-00045735 is attached as Exhibit 16. 

This document has been designated by Facebook as “Confidential” pursuant to the Protective 

Order in the state-court action. 

19. A true and correct copy of Bates Stamp FB-00047134 is attached as Exhibit 17. 

This document has been designated by Facebook as “Confidential” pursuant to the Protective 

Order in the state-court action. 

20. A true and correct copy of Bates Stamp FB-00047035 is attached as Exhibit 18. 

This document has been designated by Facebook as “Confidential” pursuant to the Protective 

Order in the state-court action. 

Case 3:17-cv-00359-WHA Document 23 Filed 02/09/17 Page 4 of 5
Case No. 3:17-cv-00359-WHA DSG REPLY DECLARATION 

 

4 

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

21. A true and correct copy of Bates Stamp FB-00044220 is attached as Exhibit 19. 

This document has been designated by Facebook as “Confidential” pursuant to the Protective 

Order in the state-court action. 

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 23 Filed 02/09/17 Page 5 of 5