Chavez v. Blue Sky Natural Beverage Co. et al

Filing 293

ORDER (1) GRANTING DEFENDANT'S MOTION TO REMOVE AN INCORRECTLY FILED DOCUMENT; (2) DENYING DEFENDANT'S MOTION TO FILE DOCUMENT UNDER SEAL; AND (3) DENYING PLAINTIFF'S MOTION TO FILE DOCUMENT UNDER SEAL (Dkts. Nos. 267, 268, 270). Signed by Magistrate Judge Jacqueline Scott Corley on 10/12/2012. (ahm, COURT STAFF) (Filed on 10/12/2011)

1
2
3
4
5

IN THE UNITED STATES DISTRICT COURT

6

FOR THE NORTHERN DISTRICT OF CALIFORNIA

7
8
9

Northern District of California

United States District Court

10
11

CHRIS CHAVEZ, on behalf of himself
and all others similarly situated,

12
13
14
15
16

Plaintiff,
v.
BLUE SKY NATURAL BEVERAGE
CO., et al.,
Defendants.

Case No.: 06-06609 JSW (JSC)
ORDER (1) GRANTING
DEFENDANT’S MOTION TO
REMOVE AN INCORRECTLY FILED
DOCUMENT; (2) DENYING
DEFENDANT’S MOTION TO FILE
DOCUMENT UNDER SEAL; AND (3)
DENYING PLAINTIFF’S MOTION
TO FILE DOCUMENT UNDER SEAL
(Dkt. Nos. 267, 268, 270.)

17
18
19
20
21
22
23

Now pending before the Court are Defendant’s motion to remove an incorrectly filed
document (Dkt. No. 267), Defendant’s motion to file under seal (Dkt. No. 268), and Plaintiff’s
motion to file under seal (Dkt. No. 270).
Defendant’s Administrative Motion to Remove Exhibit A to the Declaration of Kate

24

Webb (Dkt. No. 267) requests that this declaration, filed on May 4, 2011 as Docket Number

25

266-4, be removed from the CM/ECF system and case file so that the Exhibit may be refiled

26

without the confidential material. This motion is GRANTED.
27
28

1

Defendant’s Motion To File Document Under Seal (Dkt. No. 268) states that “Blue

2

Sky understands that defendants must support or withdraw their designations by submitting a

3

declaration and proposed order to seal within seven (7) days.” As this motion was filed on

4
5
6
7

May 5, 2011 and no such declaration was since filed, this motion is DENIED as moot.
Plaintiff’s Motion To File Document Under Seal (Dkt. No. 270) states that “Plaintiff
understands that defendants must support or withdraw their designations by submitting a

8
9
10

declaration and proposed order to seal within seven days.” As this motion was filed on May
11, 2011 and no such declaration was since filed, this motion is DENIED as moot.

Northern District of California

United States District Court

11
12
13

IT IS SO ORDERED.

14
15

Dated: October 12, 2011

_________________________________
JACQUELINE SCOTT CORLEY
UNITED STATES MAGISTRATE JUDGE

16
17
18
19
20
21
22
23
24
25
26
27
28

2