Ross et al v. Trex Company, Inc.

Filing 295

ORDER GRANTING 257 Administrative Motion to File Under Seal filed by Trex Company, Inc.. Signed by Judge Jeffrey S. White on 8/26/13. (jjoS, COURT STAFF) (Filed on 8/26/2013)

Case3:09-cv-00670-JSW Document257-2 Filed04/05/13 Page1 of 2

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Patrick J. Perrone (pro hac vice)
[e-mail]
K&L GATES LLP
One Newark Center, 10th Floor
Newark, New Jersey 07102
Telephone: [phone]
Facsimile:
[phone]
Matthew G. Ball (SBN 20881)
[e-mail]
K&L GATES LLP
4 Embarcadero Ctr., Suite 1200
San Francisco, CA 94111
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Defendant
TREX COMPANY, INC.

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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DEAN MAHAN, GRETCHEN
SILVERMAN, STEVEN MCKENNA,
THOMAS SCHAUPPNER, MARJORIE
ZACHWIEJA, JOHN FORCELLA, SHEILA
SHAPIRO, SABRINA W. HASS and
DR. LANNY W. HASS, AMY BIONDIHUFFMAN, and BRIAN HATHAWAY, on
behalf of themselves and all others similarly
situated,

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Plaintiffs,
v.

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[PROPOSED] ORDER GRANTING
DEFENDANT TREX COMPANY, INC.’S
MOTION TO FILE DOCUMENTS
UNDER SEAL________________________
Hearing Date: May 31, 2013
Time:
9:00 a.m.
Courtroom: Courtroom 11, 19th Floor
Judge:
Hon. Jeffrey S. White, U.S.D.J.

TREX COMPANY, INC., a Delaware
corporation,

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Case No. C09-00670-JSW

Defendant.

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The Court has considered the supplemental brief dated August 23, 2013, and
Having considered Defendant’s Administrative Motion to have the Clerk of the Court file

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under seal the Declaration of Patrick J. Perrone Containing Confidential Information (the

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“Declaration”), which contains the following information: (1) Trex’s costs for providing “Tier 2
NW-433856

CASE NO. 5:09-CV-00670-JSW

Case3:09-cv-00670-JSW Document257-2 Filed04/05/13 Page2 of 2

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Certificates” or “Tier 3 Certificates,” i.e., partial refunds made on the purchase of new Trex

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decking products, as set forth in the Stipulation of Settlement and Release, § E.1, and related
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information; and (2) the “opt-out number,” which represents the number of opt-outs received

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from Settlement Class Members at which point Trex has the option to exercise its right to walk

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away from the Stipulation of Settlement and Release as set forth in § L.1 of the Stipulation of

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Settlement and Release, and related information, and good cause appearing,

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IT IS HEREBY ORDERED that the Clerk shall file the above-referenced Declaration
UNDER SEAL, and the Declaration shall be maintained under seal until further order of this

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Court.
SO ORDERED.
August 26, 2013
Dated:____________________

______________________________________
Honorable Jeffrey S. White, U.S.D.J.

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CASE NO. 5:09-CV-00670-JSW