Asian Communications, et al v. Zi Corporation, et al

Filing 471

ORDER GRANTING ADMINISTRATIVE REQUEST TO SEAL DOCUMENTS IN SUPPORT OF DEFENDANT'S ARBITRATION REPLY, CONTEMPT SUR-REPLY AND MOTION FOR LEAVE TO FILE CONTEMPT SUR-REPLY. Signed by Judge Maxine M. Chesney on November 4, 2008. (mmclc2, COURT STAFF) (Filed on 11/4/2008)

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MAYER BROWN LLP BRANDON D. BAUM (SBN 121318) [e-mail] ERIC B. EVANS (SBN 232476) [e-mail] Two Palo Alto Square, Suite 300 3000 El Camino Real Palo Alto, CA 94306-2112 Telephone: [phone] Facsimile: [phone] SHARON A. ISRAEL (pro hac vice) [e-mail] 700 Louisiana St. Suite 3400 Houston, TX 77002 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants ZI CORPORATION, a Canadian corporation, and ZI CORPORATION OF AMERICA, INC., a Nevada corporation UNITED STATES DISTRICT COURT NORTHERN DISTRICT SAN FRANCISCO DIVISION ASIAN COMMUNICATIONS PTY LTD., an Australian corporation, and TEGIC COMMUNICATIONS, INC., a Washington corporation, Plaintiffs, v. ZI CORPORATION, a Canadian corporation, and ZI CORPORATION OF AMERICA, INC., a Nevada corporation, Defendants. CASE NO. 00-CV-0989 MMC [PROPOSED] ORDER GRANTING ADMINISTRATIVE REQUEST TO SEAL DOCUMENTS IN SUPPORT OF DEFENDANT'S ARBITRATION REPLY, CONTEMPT SUR-REPLY AND MOTION FOR LEAVE TO FILE CONTEMPT SUR-REPLY

DATE: November 7, 2008 TIME: 9:00 A.M. COURT: Courtroom 7, 19th Floor Hon. Maxine M. Chesney

[PROPOSED] ORDER GRANTING ADMINISTRATIVE REQUEST TO SEAL CASE NO. 00-CV-0989 MMC 24664429

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The Court having reviewed Defendants Zi Corporation and Zi Corporation of America, Inc.'s (collectively, "Zi") Administrative Request to Seal Documents in Support of Defendant's Arbitration Reply, Contempt Sur-Reply and Motion for Leave to File Contempt Sur-Reply ("Administrative Request") and the supporting Declaration of Eric B. Evans, Zi's Administrative Request to Seal is GRANTED. Further, Zi has shown that good cause exists to seal the documents described in its Administrative Request, which are attached to declarations in support of, or referred to in, Zi's Reply in Support of its Cross-Motion to Compel Arbitration or, in the Alternative, Stay Proceedings Pending Arbitration ("Arbitration Reply"), its Sur-Reply in Support of Zi's Response to Tegic's Motion For An Order To Show Cause Why Defendants Should Not Be Held In Contempt Of Consent Judgment ("Contempt Sur-Reply"), and its Motion For Leave to File Contempt Sur-Reply ("Motion For Leave"). Therefore, for good cause shown, the Court ORDERS that: (1) Exhibit A to the Declaration of George Tai in support of the Leave Sur-Reply ("Tai Declaration") constituting the parties' settlement agreement be filed under seal; (2) Exhibit B to the Tai Declaration and Exhibit A to the Declaration of Lisa Dawson ("Dawson Declaration"), both constituting a transcript of voicemail reflecting negotiations toward parties' settlement agreement be filed under seal; (3) Unredacted versions of Zi's Arbitration Reply, Contempt Sur-Reply, Motion For Leave, the Tai Declaration, and the Supplemental Declaration of Demetrio Navarro in support of the Contempt Sur-Reply , which include references to the parties' settlement agreement or negotiations, and/or Exhibits A & B to the Declaration of Demetrio Navarro filed in support of Zi's Response to Tegic's Motion For An Order To Show Cause Why Defendants Should Not Be Held In Contempt Of Consent Judgment ("Navarro Declaration") -- previously ordered by this Court to be filed under seal -- in this matter be filed under seal; and (4) Zi be granted leave to file redacted, unsealed versions of its Arbitration Reply, Contempt Sur-Reply, Motion For Leave, the Tai Declaration, and the Supplemental Declaration

[PROPOSED] ORDER GRANTING ADMINISTRATIVE REQUEST TO SEAL CASE NO. 00-CV-0989 MMC 24664429

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of Demetrio Navarro in support of the Contempt Sur-Reply, redacting references to the parties' settlement agreement or negotiations, and/or Exhibits A & B to the Navarro Declaration. As set forth in the Evans Declaration, the aforementioned materials are "sealable" material under FED. R. CIV. P. 26(c) and Civil L.R. 79-5. IT IS SO ORDERED.

Dated: November 4, 2008

______________________________ Hon. Maxine M. Chesney U.S. District Court Judge

[PROPOSED] ORDER GRANTING ADMINISTRATIVE REQUEST TO SEAL 1 CASE NO. 00-CV-0989 MMC 24664429