Keithley v. The Home Store.Com, Inc. et al

Filing 767

ORDER by Judge Illston granting 760 Motion to Seal Document (ts, COURT STAFF) (Filed on 10/7/2008)

Case 3:03-cv-04447-SI

Document 760

Filed 10/03/2008

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Scott R. Mosko (State Bar No. 106070) [e-mail] Scott A. Herbst (State Bar No. 226739) [e-mail] FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, L.L.P. Stanford Research Park 3300 Hillview Avenue Palo Alto, California 94304 Telephone: [phone] Facsimile: [phone] Attorneys for PLAINTIFFS KEVIN KEITHLEY and TREN TECHNOLOGIES HOLDINGS, LLC

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

KEVIN KEITHLEY and TREN TECHNOLOGIES HOLDINGS, LLC, Plaintiffs,

CASE No. C03-04447 SI (EDL) Judge: Honorable Susan Illston

16 v. 17 18 19 20 21 22 23 24 25 26 27 28
ADMINISTRATIVE MOTION FOR FILING UNDER SEAL Case No. C03-CV-04447 SI (EDL)

THE HOMESTORE.COM, INC., THE NATIONAL ASSOCIATION OF REALTORS, and THE NATIONAL ASSOCIATION OF HOME BUILDERS OF THE UNITED STATES, Defendant.

PLAINTIFFS KEVIN KEITHLEY AND TREN TECHNOLOGIES HOLDINGS, LLC'S ADMINISTRATIVE MOTION FOR FILING UNDER SEAL; SUPPORTING DECLARATION OF SCOTT R. MOSKO; [PROPOSED] ORDER

Case 3:03-cv-04447-SI

Document 760

Filed 10/03/2008

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ADMINISTRATIVE MOTION FOR FILING UNDER SEAL Papers Submitted for Partial Filing Under Seal

Pursuant to Civil Local Rules 7-11 and 79-5(c), Plaintiffs respectfully hereby request leave of Court to file under seal certain portions of the following document being lodged with the Clerk: a. The highlighted and unredacted version of Plaintiffs Kevin Keithley and

TREN Technologies Holdings LLC's Response to Defendants' Objections to the Non-Dispositive Portion of the Order for Monetary Sanctions and Report and Recommendation for Adverse Inference Instruction to Remedy Discovery Misconduct ("Response"). This Response contains excerpts from the deposition of Philip Dawley, the Defendants' designated Rule 30(b)(6) witness. This deposition was designated Highly Confidential - Attorneys' Eyes Only by Defendants pursuant to Stipulated Protective Order. It contains confidential, proprietary and sensitive business information and the excerpts from within it should remain sealed from public view. As required by Civil Local Rule 79-5(c), Defendants are lodging with the Clerk copies of this Response which has been designated Confidential for filing under seal.

SUPPORTING DECLARATION OF SCOTT R. MOSKO I, Scott R. Mosko, declare as follows: 1. I am an attorney licensed to practice before this Court and all courts of the State of

California, and am a partner with Finnegan, Henderson, Farabow, Garrett & Dunner L.L.P., counsel for Plaintiffs in the above-entitled action. I submit this declaration in support of the Plaintiffs Kevin Keithley and Tren Technologies Holdings, Inc.'s Administrative Motion for Filing Under Seal. The matters stated herein are based upon my personal knowledge, and if called as a witness, would testify as to the following statements. 2. The representations made above in this Administrative Motion are true and correct to

the best of my knowledge and belief. // // // 1
ADMINISTRATIVE MOTION FOR FILING UNDER SEAL Case No. C03-CV-04447 SI (EDL)

Case 3:03-cv-04447-SI

Document 760

Filed 10/03/2008

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I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct and this declaration was executed this October 3, 2008, at Palo Alto, California. _________/s/_________________________________ Scott R. Mosko Attorney for Plaintiffs Kevin Keithley and TREN Technologies Holdings, LLC

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ADMINISTRATIVE MOTION FOR FILING UNDER SEAL Case No. C03-CV-04447 SI (EDL)

Case 3:03-cv-04447-SI

Document 760

Filed 10/03/2008

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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: ____________, 2008 IT IS SO ORDERED.

[PROPOSED] ORDER Upon good cause shown, IT IS HEREBY ORDERED that the following documents be filed under seal: 1. The highlighted and unredacted version of Plaintiffs Kevin Keithley and TREN

Technologies Holdings LLC's Response to Defendants' Objections to the Non-Dispositive Portion of the Order for Monetary Sanctions and Report and Recommendation for Adverse Inference Instruction to Remedy Discovery Misconduct.

___________________________________ Judge Susan Illston

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ADMINISTRATIVE MOTION FOR FILING UNDER SEAL Case No. C03-CV-04447 SI (EDL)