Rille, et al v. Electronic Data, et al

Filing 272

ORDER granting 266 Motion to Seal Document ; denying as to the sealing of the Consolidated Opposition to the Motions to Dismiss 270 . Signed by Judge Billy Roy Wilson on 4/22/11. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION

___________________________________
)
UNITED STATES OF AMERICA
)
ex rel. NORMAN RILLE AND NEAL
)
ROBERTS,
)
)
PLAINTIFFS,
)
VS.
)
)
SUN MICROSYSTEMS, INC.,
)
)
)
DEFENDANT.
)
____________________________________)

Civil Action 4:04CV00986-BRW

ORDER GRANTING RELATORS’ MOTION TO FILE UNDER SEAL UNREDACTED
AND REDACTED VERSIONS OF VARIOUS PAPERS REGARDING RELATORS’
CONSOLIDATED OPPOSITION TO MOTIONS OF THE GOVERNMENT AND SUN
TO DISMISS BASED ON SUBJECT MATTER JURISDICTION
Pending is Relators’ Motion to File Under Seal Unredacted Versions of Various Papers
Regarding Relators’ Consolidated Opposition to Motions of the Government and Sun to Dismiss
Based on Subject Matter Jurisdiction (“the Motion”). Defendant opposes the Motion.1
It appears that the only redactions will be to Exhibit 4 because it contains the name,
address, and telephone number of Relator’s non-testifying expert; the Government and Sun will
have unredacted versions of all other papers regarding Relators’ Consolidated Opposition to the
Motions to Dismiss. Accordingly, the Court GRANTS the Motion (Doc. No. 266) and directs
the Clerk of this Court to file under seal paper copies of the (a) unredacted consolidated
opposition, and the following exhibits to the consolidated opposition: 2, 6, 8, 11, 13-19, 22-27,
29, and 31-32; and (b) a redacted version of Exhibit 4. Sun’s Opposition to the sealing of
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Doc. No. 270.
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Relators’ Motions to Seal, which was filed as a Motion (Doc. No. 270), is DENIED in part—that
is, as to the sealing of the Consolidated Opposition to the Motions to Dismiss.
IT IS FURTHER ORDERED that that the filing under seal of the unredacted versions of,
and service upon Sun of Relators’ Exhibits 2, 4 and 31 to Relators’ Consolidated Opposition to
Motions of the Government and Sun to Dismiss Based on Subject Matter Jurisdiction, and the
opposition memorandum, will not constitute waiver of Joint Prosecution and/or Common
Interest Privileges with the Government, and/or break the Court previously ordered seal of
exhibits in this case.
IT IS SO ORDERED this 22nd day of April, 2011.

/s/Billy Roy Wilson
UNITED STATES DISTRICT JUDGE

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