Overture Services, Inc. v. Google Inc.

Filing 130

MOTION to Seal Document Request to File Documents Under Seal; [Proposed] Order filed by Google Inc.. Motion Hearing set for 3/9/2004 09:00 AM. (Sun, Christine) (Filed on 2/17/2004)

Overture Services, Inc. v. Google Inc.

Doc. 130

Case 3:02-cv-01991-JSW

Document 130

Filed 02/17/2004

Page 1 of 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

KEKER & VAN NEST, LLP JOHN W. KEKER - #49092 DARALYN J. DURIE - #169825 CHRISTINE P. SUN - #218701 RAVIND S. GREWAL - #220543 710 Sansome Street San Francisco, CA 94111-1704 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant and Counterclaimant GOOGLE INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

OVERTURE SERVICES, INC., Plaintiff and Counterdefendant, v. GOOGLE INC., Defendant and Counterclaimant.

Case No. C 02-01991 JSW (EDL) GOOGLE INC.'S REQUEST TO FILE DOCUMENTS UNDER SEAL; [PROPOSED ORDER] Date: Time: Dept: Judge: March 9, 2004 9:00 a.m. E, 15th Floor Hon. Elizabeth D. Laporte

326550.01

GOOGLE INC.'S REQUEST TO FILE DOCUMENTS UNDER SEAL; [PROPOSED] ORDER

CASE NO. C 02-01991 JSW (EDL)
Dockets.Justia.com

Case 3:02-cv-01991-JSW

Document 130

Filed 02/17/2004

Page 2 of 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Google Inc. ("Google") hereby submits this Request to File Documents Under Seal in connection with its Opposition ("Opposition") to Overture's Motion to Compel Damages Discovery, pursuant to Civil Local Rule 79-5 and the Honorable Elizabeth D. Laporte's Standing Order on Confidential and Sealed Documents. Google believes that good cause exists for filing these documents under seal for the reasons set forth below. Google's Opposition Google requests that this brief be filed under seal as certain portions refer to declarations that have been designated as Outside Counsel Only pursuant to the Protective Order entered in this case on December 18, 2002 (the "Protective Order"). A redacted version of the brief, suitable for filing in the public docket, is being filed herewith. Declaration of Pietro Dova In Support Of Google's Opposition This Declaration contains highly confidential information which Google believes in good faith meets the standard of "Outside Counsel Only" information under the Protective Order. Declaration of Mark Fuchs In Support Of Google's Opposition This Declaration contains highly confidential information which Google believes in good faith meets the standard of "Outside Counsel Only" information under the Protective Order. In light of the foregoing, Google respectfully submits that this Request to File Documents Under Seal is narrowly tailored within the meaning of Civil Local Rule 79-5. Google therefore requests that the Court permit the sealing of the documents set forth above, and order that the Clerk of the Court maintain them in accordance with the provisions of Local Civil Rule 79-5(e). Dated: February 17, 2004 KEKER & VAN NEST, LLP

By:

/s/ Christine P. Sun CHRISTINE P. SUN Attorneys for Defendant and Counterclaimant GOOGLE INC. .

1
326550.01

GOOGLE INC.'S REQUEST TO FILE DOCUMENTS UNDER SEAL

CASE NO. C 02-01991 JSW (EDL)

Case 3:02-cv-01991-JSW

Document 130

Filed 02/17/2004

Page 3 of 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated:

[PROPOSED] ORDER Pursuant to Civil Local Rules 7-10 and 79-5, Google has applied to this Court for an order permitting them to file under seal certain documents in connection with its Opposition to Overture's Motion to Compel Production of Damages Documents. GOOD CAUSE APPEARING, Google's request is granted. The Clerk is directed to maintain the following documents, submitted by Google on or about February 17, 2004, in accordance with the provisions of Civil Local Rule 79-5(e): (1) GOOGLE INC.'S MEMORANDUM OF POINTS AND AUTHORITIES IN

OPPOSITION TO OVERTURE'S MOTION TO COMPEL PRODUCTION OF DAMAGES DOCUMENTS (UNREDACTED VERSION) (2) DECLARATION OF PIETRO DOVA IN SUPPORT OF GOOGLE'S

OPPOSITION TO OVERTURE'S MOTION TO COMPEL PRODUCTION OF DAMAGES DOCUMENTS (3) DECLARATION OF MARK FUCHS IN SUPPORT OF GOOGLE'S

OPPOSITION TO OVERTURE'S MOTION TO COMPEL PRODUCTION OF DAMAGES DOCUMENTS IT IS SO ORDERED.

HON. ELIZABETH D. LAPORTE United States Magistrate Judge

2
326550.01

GOOGLE INC.'S REQUEST TO FILE DOCUMENTS UNDER SEAL

CASE NO. C 02-01991 JSW (EDL)