Six4Three, LLC v. Facebook, Inc.Annotate this Case
The trial court had approved a stipulated protective order that authorizes a party to label documents produced in discovery Highly Confidential or Confidential and limits disclosure accordingly. In support of its opposition to Facebook's anti-SLAPP motion, Six4Three submitted a massive declaration by attorney Godkin with over 200 exhibits, many of which were copies of documents that Facebook had labeled Highly Confidential or Confidential. Six4Three filed a redacted, public version and lodged conditionally under seal an unredacted copy. Facebook then moved to seal the exhibits to the Godkin declaration that consisted of copies of documents that Facebook had designated confidential. The court continued the hearing on that motion then issued its order denying Facebook’s anti-SLAPP motion as untimely but granting that of the individual defendants. The resolution of neither motion depended on any of the contested exhibits. The court of appeal affirmed the order that denied Facebook's anti-SLAPP motion but reversed the order as to the individual defendants.
In the interim, the trial court issued an order striking 182 exhibits, in whole or in part, based on irrelevance or on the improper submission of entire documents, and sealing 22 full exhibits and certain pages of four exhibits that were deposition transcripts. Six4Three filed a notice of appeal; media entities filed motions to unseal the documents submitted by Six4Three. The court of appeal dismissed; Six4Three is not “aggrieved” by the sealing order, so as to have standing to appeal it.