Vieste, LLC et al v. Hill Redwood Development, LTD. et al

Filing 318

*** FILED IN ERROR. PLEASE SEE DOCKET # 320 . *** ORDER GRANTING IN PART 305 Administrative Motion to File Under Seal Exhibits, 29, 37 and 40 In Support of Plaintiffs' Reply In Support of Motion for Summary Judgment. Signed by Judge Jeffrey S. White on May 18, 2011. (jswlc3, COURT STAFF) (Filed on 5/18/2011) Modified on 5/18/2011 (hlk, COURT STAFF).

Download PDF
Case3:09-cv-04024-JSW Document317 1 2 3 4 5 6 7 8 Filed05/16/11 Page1 of 2 JASON GELLER, SBN 168149 DAVID BOROVSKY, SBN 216588 MECKLER BULGER TILSON MARICK PEARSON LLP 575 Market Street, Suite 2200 San Francisco, California 94105 Tel: 415-644-0914 Fax: 415-644-0978 ; Attorneys for Defendants HILL REDWOOD DEVELOPMENT, LTD., HILL INTERNATIONAL, INC., HILL INTERNATIONAL DEVELOPMENT LTD., REDWOOD CAPITAL ADVISORS, LLC, STEPHEN GOODMAN, and S. DICK SARGON 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 12 13 (1) VIESTE, LLC, an Indiana corporation; and, (2) VIESTE DEVELOPMENT, LLC; an Indiana corporation, 14 15 16 17 18 19 20 21 22 23 Plaintiffs, v. (1) HILL REDWOOD DEVELOPMENT, LTD., a British Virgin Islands corporation; (2) HILL INTERNATIONAL, INC., a Delaware corporation; (3) HILL INTERNATIONAL DEVELOPMENT LTD., a British Virgin Islands corporation; (4) REDWOOD CAPITAL ADVISORS, LLC, a Delaware corporation; (5) STEPHEN GOODMAN, individually; and (6) S. DICK SARGON, individually; [PROPOSED] ORDER GRANTING MOTION FOR LEAVE TO FILE EXCERPTS OF DEPOSITIONS AND DOCUMENTS DESIGNATED AS “CONFIDENTIAL” OR “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” UNDER SEAL [LOCAL RULE 79-5(d); DKT. NO. 305] Defendants. Trial Date: August 8, 2011 24 25 26 Case No. C09-04024 JSW AND RELATED COUNTER-CLAIM. 27 28 [PROPOSED] ORDER GRANTING MOTION TO SEAL Case3:09-cv-04024-JSW Document317 Filed05/16/11 Page2 of 2 1 Pursuant to Local Rule 79-5(d), Defendant S. Dick Sargon (“Defendant”) has filed a 2 declaration in support of Plaintiffs’ Motion For Leave To File Excerpts Of Depositions And 3 Documents Designated As “Confidential” Or “Highly Confidential – Attorneys’ Eyes Only” 4 Under Seal [Dkt. No. 305] (“Motion”). Defendant’s declaration follows this Court’s order [Dkt. 5 No. 310] denying without prejudice Plaintiffs’ Motion and requests that Exhibit 40, submitted by 6 Plaintiffs in support of their Reply to Defendants’ Opposition to Plaintiffs’ Motion for Summary 7 Judgment [Dkt. No. 303] be filed under seal because it contains private financial information and 8 was produced and designated by defendants as “Confidential – Attorneys’ Eyes Only” under a 9 Protective Order in this action. 10 Federal Rule of Civil Procedure 26(c) provides broad discretion for a trial court to permit 11 sealing of court documents. Fed. R. Civ. Proc. 26(c). Civil Local Rule 79-5(a) also provides 12 that this Court may order documents sealed if they are “privileged or protectable as a trade secret 13 or otherwise entitled to protection under the law . . . .” 14 Defendant has filed a declaration required under Local Rule 79-5 to provide evidence of 15 good cause for this Court to permit filing under seal. That declaration establishes both that 16 defendants have considered and treated the information contained in the subject materials as 17 confidential and that public disclosure of such information would result in a particularized harm 18 or prejudice to Defendant. See Phillips v. General Motors Corp., 307 F.3d 1206, 1211 (9th Cir. 19 2006). Accordingly, for good cause shown, the Court ORDERS that the following document 20 shall be filed under seal: 21 1. Exhibit 40, which Plaintiffs seek to submit as an exhibit to the Declaration of 22 Patricia L. Peden [Dkt. No. 304] in support of Plaintiff’s Reply To Defendants Opposition to 23 Plaintiffs Motion for Summary Judgment. 24 IT IS SO ORDERED 25 26 27 28 __________________________ Honorable Jeffrey S. White United States District Judge Exhibits 29 and 37 shall be filed in the public record. Dated: May 18, 2011 The Court advises the parties that it shall rule on Defendants/Counterclaimants' 1 renewed motion to file excerpts of depositions under seal (Docket no. 296) filed on May [PROPOSED] ORDER GRANTING MOTION TO SEAL 13, 2011, when it resolves the motions for summary judgment.

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?