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

Filing 769

ORDER by Judge Illston granting 735 Motion to seal (ts, COURT STAFF) (Filed on 10/7/2008)

Case 3:03-cv-04447-SI

Document 735

Filed 10/03/2008

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Luther Orton (State Bar No. 54258) Jennifer L. Shoda (State Bar No. 194469) SNYDER, MILLER & ORTON LLP 111 Sutter S treet, S uite 1950 San Francisco, California 94104 Telephone: [phone] Facsimile: [phone] Bruce J. Rose (admitted pro hac vice) S. Benjamin Pleune (admitted pro hac vice) ALSTON & BIRD, LLP 101 South Tryon Street, Suite 4000 Charlotte, North Carolina 28280-4000 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants Homestore, Inc., The National Association of Realtors, and The National Association of Home Builders of the United States UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

KEVIN L. KEITHLEY and TREN TECHNOLOGIES HOLDING LLC, Plaintiffs, v. HOMESTORE.COM, INC., et al.,

Case No. 3:03-CV-04447 SI (EDL) DEFENDANTS' ADMINISTRATIVE MOTION FOR FILING UNDER SEAL SUPPORTING DECLARATION OF S. BENJAMIN PLEUNE [PROPOSED] ORDER

Defendants. Courtroom: Judge:

10, 19th Floor Honorable Susan Illston

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Document 735

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DEFENDANTS' ADMINISTRATIVE MOTION FOR FILING UNDER SEAL 1. Papers Submitted For Filing Under Seal In Their Entirety

Pursuant to Civil Local Rules 7-11 and 79-5(b), Defendant Move, Inc. (formerly Homestore.com, Inc.) hereby requests leave of Court to file under seal in their entirety the following documents being lodged with the Clerk: Exhibit 2 to the Declaration of Tracy Mahnken in Support of Defendants' Motion for Summary Judgment as to Non-Infringement and Invalidity Based on Indefiniteness; and Exhibits 2, 4, 6, 8, 9, and 11 to the Declaration of Luther Orton in Support of Defendants' Motion for Summary Judgment as to Non-Infringement and Invalidity Based on Indefiniteness. Exhibit 2 to Ms. Mahnken's declaration has been designated as Highly Confidential-- Attorneys' Eyes Only by Defendants because it contains Homestore.com, Inc.'s highly sensitive, confidential business information. Exhibits 2, 4, 6, 8, 9, and 11 to Mr. Orton's Declaration have also been designated as Confidential for the same reasons. As required by Civil Local Rule 79-5(b), Defendants are lodging with the Clerk copies of said Declaration and exhibits. Submitted this 3rd day of October, 2008. LUTHER ORTON SNYDER, MILLER & ORTON LLP /s/ S. Benjamin Pleune BRUCE J. ROSE S. BENJAMIN PLEUNE DOUGLAS R. WILNER ALSTON & BIRD LLP Bank of America Plaza 101 South Tryon Street, Suite 4000 Charlotte, North Carolina 28280-4000 ATTORNEYS FOR DEFENDANTS

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1.

SUPPORTING DECLARATION OF S. BENJAMIN PLEUNE I, S. Benjamin Pleune, declare as follows: I am an attorney at law licensed to practice before all of the courts of the State of

North Carolina. I am an attorney in the law firm of Alston & Bird, LLP, counsel for Defendants Homestore.com, Inc., The National Association of Realtors, and The National Association of Home Builders of the United States (collectively "Defendants"). I have knowledge of all of the following facts and, if called as a witness, could and would competently testify thereto. 2. The representations made above in this Administrative Motion are true and

correct to the best of my knowledge and belief. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on October 3, 2008.

/s/ S. Benjamin Pleune S. Benjamin Pleune

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Dated:

[PROPOSED] ORDER Upon good cause shown, IT IS HEREBY ORDERED that Exhibit 2 to the Declaration of Tracy Mahnken in Support of Defendants' Motion for Summary Judgment as to NonInfringement and Invalidity Based on Indefiniteness and Exhibits 2, 4, 6, 8, 9, and 11 to the Declaration of Luther Orton in Support of Defendants' Motion for Summary Judgment as to Non-Infringement and Invalidity Based on Indefiniteness be filed under seal by the Clerk. IT IS SO ORDERED.

Hon. Susan Illston United States District Court Judge

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CERTIFICATE OF SERVICE The undersigned hereby certifies that a copy of the foregoing Defendants' Administrative Motion For Filing Under Seal; Supporting Declaration Of S. Benjamin Pleune; [Proposed] Order was served upon the following parties on October 3, 2008 by electronic delivery: Scott R. Mosko, Esq. FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER LLP Stanford Research Park 3300 Hillview Avenue Palo Alto, C A 94304-1203 [e-mail]

s/ S. Benjamin Pleune S. Benjamin Pleune

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