Realnetworks, Inc. et al v. DVD Copy Control Association, Inc. et al

Filing 171

MOTION to Seal Document filed by Realnetworks Home Entertainment, Inc.(a Delaware corporation). Motion Hearing set for 3/16/2009 02:00 PM in Courtroom 15, 18th Floor, San Francisco. (Attachments: # 1 Proposed Order [Proposed] Order Granting Administrative Motion for Filing Under Seal (1) The Unredacted Version of RealNetworks' Opposition to Defs' Motion for Sanction for Spoliation of Evidence; (2) The Unredacted Version of the Declarations of Tracy Tosh Lane, William)(Cunningham, Leo) (Filed on 3/11/2009) Modified on 3/12/2009 (feriab, COURT STAFF).

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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 LEO CUNNINGHAM, State Bar No. 121605 Email: lcunningham@wsgr.com COLLEEN BAL, State Bar No. 167637 Email: cbal@wsgr.com MICHAEL A. BERTA, State Bar No. 194650 Email: mberta@wsgr.com TRACY TOSH LANE, State Bar No. 184666 Email: ttosh@wsgr.com WILSON SONSINI GOODRICH & ROSATI Professional Corporation One Market Street Spear Tower, Suite 3300 San Francisco, CA 94105 Attorneys for Plaintiffs and Counterclaim Defendants REALNETWORKS, INC. and REALNETWORKS HOME ENTERTAINMENT, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA REALNETWORKS, INC., a Washington Corporation; and REALNETWORKS HOME ENTERTAINMENT, INC., a Delaware corporation, Plaintiffs, v. DVD COPY CONTROL ASSOCIATION, INC., a Delaware nonprofit corporation, DISNEY ENTERPRISES, INC., a Delaware corporation; PARAMOUNT PICTURES CORP., a Delaware corporation; SONY PICTURES ENTER., INC., a Delaware corporation; TWENTIETH CENTURY FOX FILM CORP., a Delaware corporation; NBC UNIVERSAL, INC., a Delaware corporation; WARNER BROS. ENTER. INC., a Delaware corporation; and VIACOM, Inc., a Delaware Corporation, Defendants. Case Nos. C08 04548 MHP; C08 04719 MHP [PROPOSED] ORDER GRANTING ADMINISTRATIVE MOTION FOR FILING UNDER SEAL (I) THE UNREDACTED VERSION OF REALNETWORKS'S OPPOSITION TO DEFENDANTS' MOTION FOR SANCTIONS FOR SPOLIATION OF EVIDENCE; (II) THE UNREDACTED VERSIONS OF THE DECLARATIONS OF TRACY TOSH LANE, WILLIAM WAY, JOHN MOORE, DALE DEWHITT, PHIL BARRETT, AND RISHI MATHEW; AND (III) THE EXHIBITS G AND H TO TRACY TOSH LANE'S DECLARATION IN SUPPORT OF THE OPPOSITION AND RELATED CASES [PROPOSED] ORDER GRANTING ADMINISTRATIVE MOTION FOR FILING UNDER SEAL CASE NOS. 08-cv-04548 MHP 08-cv-04179 MHP 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 [PROPOSED] ORDER GRANTING ADMINISTRATIVE MOTION FOR FILING UNDER SEAL After full consideration and good cause appearing, IT IS HEREBY ORDERED that the Administrative Motion for Filing Under Seal, which was filed on March 11, 2009, is GRANTED. IT IS FURTHER ORDERED that the unredacted version of RealNetworks' Opposition to Defendants' Motion for Sanctions for Spoliation, lodged with the Court pursuant to Civil Local Rule 79-5(c), shall be filed under seal. IT IS FURTHER ORDERED that the unredacted version of the Declaration of Tracy Tosh Lane in Support of Plaintiffs RealNetworks, Inc. and RealNetworks Home Entertainment, Inc.'s Opposition to Motion for Sanctions and Spoliation, lodged with the Court pursuant to Civil Local Rule 79-5(c), shall be filed under seal. IT IS FURTHER ORDERED that the unredacted version of the Declaration of William Way in Support of Plaintiffs and Counter-Claim Defendants RealNetworks, Inc. and RealNetworks Home Entertainment, Inc.'s Opposition to Motion for Sanctions and Spoliation, lodged with the Court pursuant to Civil Local Rule 79-5(c), shall be filed under seal. IT IS FURTHER ORDERED that the unredacted version of the Declaration of John Moore in support of Plaintiffs RealNetworks, Inc. and RealNetworks Home Entertainment, Inc.'s Opposition to Motion for Sanctions and Spoliation, lodged with the Court pursuant to Civil Local Rule 79-5(c), shall be filed under seal. IT IS FURTHER ORDERED that the unredacted version of the Declaration of Dale DeWhitt in Support of Plaintiffs RealNetworks, Inc. and RealNetworks Home Entertainment, Inc.'s Opposition to Motion for Sanctions and Spoliation, lodged with the Court pursuant to Civil Local Rule 79-5(c), shall be filed under seal. IT IS FURTHER ORDERED that the unredacted version of the Declaration of Rishi Mathew in Support of Plaintiffs RealNetworks Home Entertainment, Inc.'s Opposition to Motion for Sanctions and Spoliation, lodged with the Court pursuant to Civil Local Rule 79-5(c), shall be filed under seal. [PROPOSED] ORDER GRANTING ADMINISTRATIVE MOTION FOR FILING UNDER SEAL CASE NOS. 08-CV-04548 MHP; 08-CV-04179 MHP. 1 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 IT IS FURTHER ORDERED that the unredacted version of the Declaration of Phil Barrett in Support of RealNetworks and RealNetworks Home Entertainment's Opposition to Motion for Sanctions and Spoliation, lodged with the Court pursuant to Civil Local Rule 79-5(c), shall be filed under seal. IT IS FURTHER ORDERED that Exhibits G and H to the Declaration of Tracy Tosh Lane-in Support of Plaintiffs RealNetworks, Inc. and RealNetworks Home Entertainment, Inc.'s Opposition to Motion for Sanctions and Spoliation, which exhibits were lodged with the Court pursuant to Civil Local Rule 79-5(b), shall be filed under seal. It is so ORDERED. The Honorable Marilyn H. Patel United States District Court Submitted by: WILSON SONSINI GOODRICH & ROSATI Professional Corporation JAMES DIBOISE LEO CUNNINGHAM COLLEEN BAL MICHAEL BERTA TRACY TOSH LANE By: ___/s/______________ Tracy Tosh Lane ttlane@wsgr.com Attorneys for Plaintiffs and Counterclaim Defendants REALNETWORKS, INC. AND REALNETWORKS HOME ENTERTAINMENT, INC. ADMINISTRATIVE MOTION FOR FILING UNDER SEAL CASE NOS. 08-cv-04548 MHP 08-cv-04179 MHP 2

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