MMCA Group Ltd. v. Hewlett-Packard Company et al

Filing 398

ORDER DIRECTING CLERK TO FILE UNDER SEAL DOCUMENTS FOUND TO BE SEALABLE; DIRECTING PICA TO FILE IN PUBLIC RECORD DOCUMENTS NOT FOUND TO BE SEALABLE. Signed by Judge Maxine M. Chesney on January 15, 2009. (mmclc2, COURT STAFF) (Filed on 1/15/2009)

1 2 3 4 5 6 7 8 9 10 For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The Court granted the motion with respect to Exhibit D to the Declaration of William C. Acevedo in support of PICA's motion for summary judgment. (See Order filed Dec. 29, 2008, at 1.) The Court denied the motion with respect to the remainder of the documents submitted for filing under seal.
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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

MMCA GROUP LTD., Plaintiff, v. HEWLETT-PACKARD COMPANY, et al., Defendants. /

No. C-06-7067 MMC ORDER DIRECTING CLERK TO FILE UNDER SEAL DOCUMENTS FOUND TO BE SEALABLE; DIRECTING PICA TO FILE IN PUBLIC RECORD DOCUMENTS NOT FOUND TO BE SEALABLE

United States District Court

On December 29, 2008, the Court granted in part and denied in part defendant PICA Corporation's ("PICA") motion to file documents under seal.1 With respect to the Declaration of Rodolfo Diaz ("Diaz declaration") and exhibits A through H thereto, the Declaration of Rocio Cvar ("Cvar declaration") and exhibits A and B thereto, the Declaration of Gabriela Toranzo ("Toranzo declaration") and exhibit A thereto, the Declaration of Renata Martinho ("Martinho declaration") and exhibits A and B thereto, the Declaration of Mauro Chavez ("Chavez declaration") and exhibit A thereto, the Declaration of Vince Volpi ("Volpi declaration"), the Declaration of William C. Acevedo ("Acevedo declaration"), and the unredacted version of PICA's memorandum in support of its motion for summary

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judgment, the Court afforded PICA an opportunity to supplement its showing by filing a declaration establishing such documents are sealable. (See Order filed Dec. 29, 2008, at 3.) On January 5, 2009, PICA filed a supplemental declaration. On the same date, defendant Hewlett-Packard Company ("HP") also filed a declaration in support of sealing certain of the above-referenced documents, specifically, the Diaz declaration and exhibits A-H thereto. Having read and considered the parties' declarations, the Court rules as follows. 1. The Court finds the following material sealable: the Diaz declaration and exhibits A-H thereto, paragraphs 5-7 of the of the Cvar declaration, paragraphs 4, 7, 8, and 10 of the Toranzo declaration, paragraphs 4, 6, 7, and 9 of the Martinho declaration, paragraphs 6-9 of the Chavez declaration, paragraphs 12-18 of the Volpi declaration, paragraph 5 of the Acevedo declaration, and the unredacted version of PICA's memorandum in support of its motion for summary judgment. 2. With respect to exhibits A and B to the Cvar declaration, exhibit A to the Toranzo declaration, and exhibit A to the Chavez declaration, PICA states such documents have been designated confidential by MMCA. Under the Local Rules of this District, where a party seeks to file under seal any material designated as confidential by another party, the submitting party must file a motion for a sealing order. See Civ. L.R. 79-5(d). "Within five days thereafter, the designating party must file with the Court and serve a declaration establishing that the designated information is sealable, and must lodge and serve a narrowly tailored proposed sealing order, or must withdraw the designation of confidentiality." Id. Here, MMCA has failed to file a declaration establishing that the abovereferenced documents are sealable. 3. With respect to exhibit B to the Martinho declaration, PICA has failed to file a declaration establishing such document is sealable. Accordingly, the Clerk shall file under seal the Diaz declaration and exhibits A-H thereto, exhibit D to the Acevedo declaration, the unredacted version of PICA's memorandum in support of its motion for summary judgment, and unredacted versions of 2

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the Cvar, Toranzo, Martinho, Chavez, Volpi, and Acevedo declarations. PICA shall file in the public record, no later than January 23, 2009, redacted versions of such declarations, redacting the above-referenced portions thereof. If PICA wishes the Court to consider any documents not found to be sealable, PICA shall file such documents, no later than January 23, 2009, in the public record. IT IS SO ORDERED.

Dated: January 15, 2009

MAXINE M. CHESNEY United States District Judge

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