E. & J. Gallo Winery v. Proximo Spirits, Inc. et al

Filing 361

ORDER GRANTING Gallo's Request to File Supplemental Documents Under Seal (Doc. 358 ), Signed by Magistrate Judge Jennifer L. Thurston on 7/9/2012. (Arellano, S.)

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D. GREG DURBIN (SBN 81749)
McCORMICK BARSTOW SHEPPARD
WAYTE & CARRUTH LLP
5 River Park Place East
P.O. Box 28912
Fresno, California 93720
Telephone: [phone]
Facsimile: [phone]
[e-mail]
D. PETER HARVEY (SBN 55712)
NAOMI JANE GRAY (SBN 230171)
DONALD A. THOMPSON (SBN 260076)
HARVEY SISKIND LLP
Four Embarcadero Center, 39th Floor
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]

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Attorneys for Plaintiff and Counterdefendant E. & J. Gallo Winery
and Counterdefendants Ecco Domani USA, Inc. and Tequila Supremo, S.A. de C.V.
UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FRESNO DIVISION

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E. & J. GALLO WINERY, a California
corporation,
Plaintiff,
v.
PROXIMO SPIRITS, INC., a Delaware
corporation; AGAVERA CAMICHINES, S.A.
DE C.V., a Mexico corporation; and DOES 1-25,

Case No. 1:10-CV-00411 LJO JLT
ORDER GRANTING GALLO’S REQUEST
TO FILE SUPPLEMANTAL DOCUMENTS
UNDER SEAL
(DOC. 358)

Defendants.

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AND RELATED COUNTERCLAIMS

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ORDER SEALING DOCUMENTS

Case No. 1:10-CV-00411 LJO JLT

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Before the Court is the request to seal invoices for services rendered in April and May 2012 and

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not previously submitted to the Court for consideration in connection with Gallo’s motion for attorneys’

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fees. (Doc. 358) Gallo contends the documents should be sealed for several reasons, including the need

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to protect attorney-client communications, attorney-work product, financial information that would

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impact counsel’s competitive advantage and confidential business information related to Gallo.

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Generally, documents filed in civil cases are presumed to be available to the public. EEOC v.

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Erection Co., 900 F.2d 168, 170 (9th Cir. 1990); see also Kamakana v. City and County of Honolulu, 447

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F.3d 1172, 1178 (9th Cir.2006); Foltz v. State Farm Mut. Auto Ins. Co., 331 F.3d 1122, 1134 (9th

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Cir.2003). Documents may be sealed only when the compelling reasons for doing so outweigh the

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public’s right of access. EEOC at 170. In evaluating the request, the Court considers the “public interest

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in understanding the judicial process and whether disclosure of the material could result in improper use

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of the material for scandalous or libelous purposes or infringement upon trade secrets.” Valley

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Broadcasting Co. v. United States District Court, 798 F.2d 1289, 1294 (9th Cir. 1986). In addition, in

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trademark/dress matters, attorney billing rates which are not publicly known and are “competitively

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sensitive,” warrant sealing. China Intl Travel Servs. (USA) v. China & Asia Travel Serv., 2008 U.S.

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Dist. LEXIS 106622 at *29 (N.D. Cal. Dec. 18, 2008); Mine O'Mine, Inc. v. Calmese, 2012 U.S. Dist.

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LEXIS 53077 at *10 (D. Nev. Apr. 16, 2012).

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The Court has reviewed the supplemental invoices submitted by the McCormick Barstow and

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Harvey Siskind firms. Once again, nearly every from the McCormick Barstow bills excludes reference

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to attorney-client communications, attorney-work product information or information that bears on

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Gallo’s trade secrets. The noted exceptions are ordered SEALED.

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Again, the Harvey Siskind billing records are replete with entries that reveal information about

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the attorneys’ activities and why the work was done. Also, there are entries that reveal, to some extent,

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Gallo’s business strategies. Therefore, as to these records, they will be ordered SEALED.

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-1ORDER SEALING DOCUMENTS

Case No. 1:10-CV-00411 LJO JLT

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ORDER

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Based upon the foregoing, the Court ORDERS:

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1.

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The request to seal the specified portions of the supplemental billing records from

McCormick Barstow is GRANTED;

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2.

The request to seal the supplemental billing records from Harvey Siskind is GRANTED;

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3.

The Clerk of the Court is DIRECTED to file these documents, or portions thereof, under

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seal.

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IT IS SO ORDERED.

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Dated:

July 9, 2012

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

DEAC_Signatur ND:
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-2ORDER SEALING DOCUMENTS

Case No. 1:10-CV-00411 LJO JLT