Vnus Medical Technologies Inc. v. Biolitec, Inc. et al

Filing 347

ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION FOR ADMINISTRATIVE RELIEF TO FILE DOCUMENTS UNDER SEAL. Signed by Judge Maxine M. Chesney on September 28, 2010. (mmclc1, COURT STAFF) (Filed on 9/28/2010)

Vnus Medical Technologies Inc. v. Biolitec, Inc. et al

Doc. 347

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Matthew B. Lehr (Bar No. 213139) Diem-Suong T. Nguyen (Bar No. 237557) David J. Lisson (Bar No. 250994) Chung G. Suh (Bar No. 244889) Jeremy Brodsky (Bar No. 257674) DAVIS POLK & WARDWELL LLP 1600 El Camino Real Menlo Park, California 94025 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff Tyco Healthcare Group LP d/b/a VNUS Medical Technologies UNITED STATES DISTRICT COURT

9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
[PROPOSED] ORDER GRANTING PLAINTIFF'S MOTION FOR ADMINISTRATIVE RELIEF TO FILE DOCUMENTS UNDER SEAL CASE NOS. C08-03129 MMC & C08-04234 MMC Dockets.Justia.com

) ) Plaintiff, ) ) v. ) ) BIOLITEC, INC. and NEW STAR LASERS, ) INC. d/b/a COOLTOUCH, INC., ) ) Defendants. ) ) ) ) ) TYCO HEALTHCARE GROUP LP d/b/a ) VNUS MEDICAL TECHNOLOGIES, ) ) Plaintiff, ) ) v. ) ) TOTAL VEIN SOLUTIONS, LLC d/b/a ) TOTAL VEIN SYSTEMS, ) ) Defendant. ) ) )

TYCO HEALTHCARE GROUP LP d/b/a VNUS MEDICAL TECHNOLOGIES,

LEAD CASE NO. C08-03129 MMC CASE NO. C08-03129 MMC [PROPOSED] ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION FOR ADMINISTRATIVE RELIEF TO FILE DOCUMENTS UNDER SEAL [CIVIL LOCAL RULES 7-11, 79-5] CASE NO. C08-04234 MMC (consolidated with C08-3129 MMC)

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Before the Court is the Plaintiff's Motion for Administrative Relief to File Documents Under Seal dated September 7, 2010, by which Plaintiff seeks leave to file under seal unredacted versions of certain documents submitted in support of Plaintiff's Opposition to Defendants' Motion in Limine No. 1 and Omnibus Opposition and Response to Defendants' Motions in Limine Nos. 2-7 ("VNUS's Opposition Briefs"). Having reviewed the parties' submissions filed in support of the motion, the Court rules as follows: 1. The motion is GRANTED as to the following documents that the parties have

shown contain material properly filed under seal, each of which the requesting party is directed to October 4, 2010 file under seal, no later than five calendar days from the date of this order. See General Order 62 ("If a motion to file under seal is granted in full or in part, the requesting party will e-file the document according to the procedure outlined in the FAQs on the ECF website."): The entirety of Exhibits 34 and 35 and designated portions of Exhibits 5 (page 63), 14 (page 34), 18 (Ex. A, pages 5-6), 20 (page 2), 26 (pages 13, 40-42, 45), 28 (pages 4-7), 30 (pages 195-96, 199-200), and 31 (pages 2-3, 5, 10, 12-15, 20) to the Declaration of Diem-Suong T. Nguyen in Support of VNUS's Opposition Briefs which contain information that has been designated by VNUS. Designated portions of Exhibit 26 (pages 45-46) The entirety of Exhibits 1, 3, 9, 13, 22, 26, 29, 30, 32, 33, 38, and 39 and designated portions of Exhibits 4 (pages 73, 95), 5 (pages 56, 64), 14 (page 39), and 28 (pages 2, 3) to the Declaration of Diem-Suong T. Nguyen in Support of VNUS's Opposition Briefs which contain information that has been designated by the Defendants. defendant Total Vein Solutions, LLC. , Designated portions of VNUS's Opposition Briefs, dated September 7, 2010. specifically, those portions in which the content of the above-referenced exhibits or portions thereof are discussed.

2. The motion is DENIED as to Exhibits 1, 3, 4 (pages 73, 95), 5 (pages 56, 64), 9, 13, 14 (page 39), 22, 28 (pages 2-3), 29, 30 (pages 101-102, 104, 217-219, 260-262), 32, 33, 38, and 23 39 to the Declaration of Diem-Suong T. Nguyen, for the reason that no party has filed a declaration to show that any such exhibit, or portion thereof, is properly filed under seal. See Civil Local Rule 24 79-5(d). Plaintiff is DIRECTED to file such exhibits in the public record no later than October 4, 25 2010. IT IS SO ORDERED. 26
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September 28, Dated: ______________ 2010
HON. MAXINE M. CHESNEY United States District Judge
1 [PROPOSED] ORDER GRANTING PLAINTIFF'S MOTION FOR ADMINISTRATIVE RELIEF TO FILE DOCUMENTS UNDER SEAL CASE NOS. C08-03129 MMC & C08-04234 MMC