Hohenberg v. Ferrero USA, Inc

Filing 34

ORDER granting 33 Ex Parte Motion for Leave to File Under Seal. Signed by Judge Marilyn L. Huff on 05/04/2011. (ag)(jrl).

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 In re FERRERO LITIGATION, CASE NO. 11-CV-205 H (CAB) ORDER GRANTING EX PARTE MOTION FOR LEAVE TO FILE UNDER SEAL 12 13 . 14 15 16 17 18 19 20 21 22 On March 24, 2011, Defendant Ferrero U.S.A., Inc. filed a motion to transfer this consolidated action. (Doc. No. 19.) On May 2, 2011, Plaintiffs filed a response in opposition to Defendant’s motion. (Doc. No. 33.) On May 2, 2011, Plaintiffs also filed an ex parte motion for leave to file under seal portions of their opposition and exhibits in support of their opposition. (Doc. No. 33-4.) Specifically, Defendants seek to file under seal the following documents: (1) Portions of Plaintiffs’ Opposition to Ferrero’s Motion to Transfer Venue. (2) Exhibit B to the Declaration of Jack Fitzgerald in Opposition to Ferrero’s 23 Motion to Transfer Venue, excerpts from the deposition transcript of Ferrero’s 24 25 26 27 CEO, Bernard Kreilmann, that Ferrero designated “Confidential.” (3) Exhibit C to the Declaration of Jack Fitzgerald in Opposition to Ferrero’s Motion to Transfer Venue, a document produced by Ferrero in response to Interrogatories, which Ferrero designated “Confidential.” 28 -1- 11cv205 1 (4) Exhibit D to the Declaration of Jack Fitzgerald in Opposition to Ferrero’s 2 Motion to Transfer Venue, a document produced by Ferrero in response to 3 Interrogatories, which Ferrero designated “Confidential.” 4 (5) Exhibit E to the Declaration of Jack Fitzgerald in Opposition to Ferrero’s 5 Motion to Transfer Venue, a printout of native Microsoft Excel file produced by 6 Ferrero on a CD marked FERRERO001234-001270, and further marked 7 “CONFIDENTIAL.” 8 (6) Exhibit F to the Declaration of Jack Fitzgerald in Opposition to Ferrero’s 9 Motion to Transfer Venue, the first 10 pages of a document produced by Ferrero 10 bearing production numbers FERRERO000134-001128, which Ferrero 11 designated “Confidential.” 12 (7) Exhibit J to the Declaration of Jack Fitzgerald in Opposition to Ferrero’s Motion 13 to Transfer Venue, a table created by Plaintiffs concerning possible third-party 14 witnesses containing information derived from sources Ferrero designated 15 “Confidential.” 16 Plaintiffs seek to seal the exhibits because they contain information that has been designated 17 by Defendant as “Confidential” under the terms of the protective order. (Doc. No. 33-4 at 1.) 18 After reviewing the documents in question, the Court concludes that good cause exists 19 to seal the exhibits. Accordingly, the Court GRANTS Plaintiffs’ request to file the documents 20 under seal without prejudice to the Court modifying this order at a later time. 21 IT IS SO ORDERED. 22 DATED: May 4, 2011 23 ______________________________ 24 MARILYN L. HUFF, District Judge UNITED STATES DISTRICT COURT 25 26 27 28 -2- 11cv205