Cabela's Inc. v. Kelora Systems, LLC

Filing 69

ORDER REGARDING MOTION OF CABELAS INC., NEBRASKA FURNITURE MART, INC. AND NEWEGG INC. TO FILE UNDER SEAL THE DECLARATION OF RAY R. LARSON. Signed by Judge Claudia Wilken on 9/27/2011. (ndr, COURT STAFF) (Filed on 9/27/2011)

1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 CABELA’S INC., 5 Plaintiff, No. C 11-1398 CW ________________________________/ ORDER REGARDING MOTION OF CABELA’S INC., NEBRASKA FURNITURE MART, INC. AND NEWEGG INC. TO FILE UNDER SEAL THE DECLARATION OF RAY R. LARSON 10 KELORA SYSTEMS, LLC, No. C 11-1548 CW 11 Plaintiff, 6 v. 7 KELORA SYSTEMS, LLC, 8 Defendant. United States District Court For the Northern District of California 9 12 13 v. 17 TARGET CORPORATION; OFFICEMAX INCORPORATED; ROCKLER COMPANIES, INC.; 1-800-FLOWERS.COM, INC.; AMAZON.COM, INC.; DELL, INC.; OFFICE DEPOT, INC.; NEWEGG INC.; COSTCO WHOLESALE CORPORATION; HEWLETT-PACKARD COMPANY; CIRCUITCITY.COM INC; AUDIBLE, INC.; and ZAPPOS.COM, INC., 18 Defendants. 14 15 16 19 OFFICEMAX INCORPORATED., 20 21 22 23 Third-Party Plaintiff, v. ADOBE SYSTEMS INCORPORATED, Third-Party Defendant. 24 25 26 27 28 ________________________________/ 1 NEBRASKA FURNITURE MART, INC., 2 Plaintiff, 3 No. C 11-2284 CW v. 4 KELORA SYSTEMS, LLC, 5 Defendant. 6 ________________________________/ 7 AND ALL RELATED COUNTERCLAIMS / 8 9 Pursuant to Local Rule 79-5(d), Plaintiffs and Counterclaim- United States District Court For the Northern District of California 10 Defendants Cabela’s Inc. and Nebraska Furniture Mart, Inc. and 11 Defendant and Counterclaim-Plaintiff Newegg Inc. move for an order 12 sealing the Declaration of Ray R. Larson submitted in connection 13 with their Motion for Summary Judgment of Invalidity and 14 Non-Infringement. 15 Movants base their request in part on their statement that a 16 third-party, Endeca, considers information contained or referred 17 to in the declaration to be proprietary and confidential. 18 However, Endeca has not filed a declaration in support of sealing 19 this information, as required by Local Rule 79-5(d). 20 Nevertheless, it is not clear that Endeca has been served 21 with or otherwise notified of the motion to seal. 22 reserves judgment as to whether to seal the declaration. 23 seven days of the date of this order, Movants shall serve Endeca 24 with the motion to seal the declaration and this order, and file 25 proof that they have done so. 26 seal the information, it shall file a declaration in support of 27 the motion to seal within fourteen days of the date of this order. Thus, the Court Within In the event that Endeca seeks to 28 2 1 The declaration must provide good cause to seal in light of Local 2 Rule 79-5 and applicable law. 3 Movants also base their request to file the declaration under 4 seal on their assertion that the declaration contains or refers to 5 materials that Movants have designated as “Confidential” or 6 “Highly Confidential - Attorneys’ Eyes Only” under the Protective 7 Order in effect in these cases. 8 blanket protective order and do not provide information 9 establishing that the document, or portions thereof, is privileged However, Movants rely on a United States District Court For the Northern District of California 10 or protectable as a trade secret or otherwise entitled to 11 protection under the law, as required under Local Rule 79-5(a). 12 As such, Movants have not provided sufficient information to 13 support the filing of the document under seal at this time. 14 Movants shall be permitted four days from the date of this 15 order to provide additional information to conform with Local Rule 16 79-5. 17 the extent that it is based on their conclusory statement. 18 Filings made hereunder may not exceed five pages, excluding 19 declarations and exhibits. 20 IT IS SO ORDERED. If Movants fail to do so, their motion will be denied, to 21 22 23 Dated: 9/27/2011 CLAUDIA WILKEN United States District Judge 24 25 26 27 28 3