I/P Engine, Inc. v. AOL, Inc. et al

Filing 116

Memorandum in Support re 115 MOTION to Seal I/P Engine, Inc.'s Motion to Seal Exhibits 15, 16, 17, 18, and 21 of IP Engine's Memorandum in Support of Its Motion to Compel Defendant Google, Inc.'s Custodial Document Production filed by I/P Engine, Inc.. (Attachments: # 1 Proposed Order)(Sherwood, Jeffrey)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF VIRGINIA NORFOLK DIVISION __________________________________________ ) ) ) Plaintiff, ) v. ) ) AOL, INC. et al., ) ) Defendants. ) __________________________________________) I/P ENGINE, INC., Civ. Action No. 2:11-cv-512 MEMORANDUM IN SUPPORT OF MOTION TO SEAL EXHIBITS 15, 16, 17, 18, AND 21 OF I/P ENGINE’S MEMORANDUM IN SUPPORT OF ITS MOTION TO COMPEL DEFENDANT GOOGLE, INC.’S CUSTODIAL DOCUMENT PRODUCTION In support of its Motion to Seal pursuant to Local Rule 5, Plaintiff I/P Engine, Inc. (“I/P Engine”) states the following: 1. I/P Engine moves the Court for leave to file under seal exhibits 15, 16, 17, 18, and 21 to its Memorandum in Support of its Motion to Compel Defendant Google Inc.’s Custodial Document Production. Exhibits 15, 16, 17, 18, and 21 contain information that is marked as confidential by Defendants under the Protective Order entered in this matter on January 23, 2012 (D.I. No. 85) (“Protective Order”). 2. There are three requirements for sealing court findings: (1) public notice with an opportunity to object; (2) consideration of less drastic alternatives; and (3) a statement of specific findings in support of a decision to seal and rejecting alternatives to sealing. See, e.g., Flexible Benefits Council v. Feldman, No. 1:08-CV-371, 2008 U.S. Dist. LEXIS 93039 (E.D. Va. Nov 13, 2008) (citing Ashcroft v. Conoco, Inc., 218 F.3d 282, 288 (4th Cir. 2000)). Exhibits 15, 16, DSMDB-3049116 17, 18, and 21 contain information that is marked by Defendants as confidential. An in camera copy of exhibits 15, 16, 17, 18, and 21 is being provided to the Court. In light of Defendant’s representation that this is confidential material and the Protective Order, there appears to be no alternative that appropriately serves Defendants’ confidentiality concerns. 3. The information contained in these exhibits contain Google’s proprietary and confidential information. 4. For the sake of consistency with practices governing the case as a whole, I/P Engine believes exhibits 15, 16, 17, 18, and 21 should remain sealed and be treated in accordance with the terms and conditions of the Protective Order. 5. Accordingly, and in satisfaction of the requirements of Local Rule 5, I/P Engine respectfully asks the Court to enter the Proposed Agreed Order sealing exhibits 15, 16, 17, 18, and 21 to its Memorandum in Support of its Motion to Compel Defendant Google Inc.’s Custodial Document Production. Dated: April 11, 2012 By: /s/ Jeffrey K. Sherwood Donald C. Schultz (Virginia Bar No. 30531) W. Ryan Snow (Virginia Bar No. 47423) CRENSHAW, WARE & MARTIN PLC 150 West Main Street Norfolk, VA 23510 Telephone: (757) 623-3000 Facsimile: (757) 623-5735 Jeffrey K. Sherwood (Virginia Bar No. 19222) Frank C. Cimino, Jr. Kenneth W. Brothers DeAnna Allen Charles J. Monterio, Jr. DICKSTEIN SHAPIRO LLP 1825 Eye Street, NW Washington, DC 20006 2 DSMDB-3049116 Telephone: (202) 420-2200 Facsimile: (202) 420-2201 Counsel for Plaintiff I/P Engine, Inc. 3 DSMDB-3049116 CERTIFICATE OF SERVICE I hereby certify that on this 11th day of April, 2012, the foregoing MEMORANDUM IN SUPPORT OF MOTION TO SEAL EXHIBITS 15, 16, 17, 18, AND 21 OF I/P ENGINE’S MEMORANDUM IN SUPPORT OF ITS MOTION TO COMPEL DEFENDANT GOOGLE, INC.’S CUSTODIAL DOCUMENT PRODUCTION, was served via the Court’s CM/ECF system, on the following: Stephen Edward Noona Kaufman & Canoles, P.C. 150 W Main St Suite 2100 Norfolk, VA 23510 senoona@kaufcan.com David Bilsker David Perlson Quinn Emanuel Urquhart & Sullivan LLP 50 California Street, 22nd Floor San Francisco, CA 94111 davidbilsker@quinnemanuel.com davidperlson@quinnemanuel.com Robert L. Burns Finnegan, Henderson, Farabow, Garrett & Dunner, LLP Two Freedom Square 11955 Freedom Drive Reston, VA 20190 robert.burns@finnegan.com Cortney S. Alexander Finnegan, Henderson, Farabow, Garrett & Dunner, LLP 3500 SunTrust Plaza 303 Peachtree Street, NE Atlanta, GA 94111 cortney.alexander@finnegan.com /s/ Jeffrey K. Sherwood 4 DSMDB-3049116