Zeisel v. Diamond Foods, Inc.

Filing 123

ORDER re: Defendant's Administrative Motion to Seal and Order to Plaintiff to Show Cause.. Signed by Judge JEFFREY S. WHITE on 5/2/11. (jjoS, COURT STAFF) (Filed on 5/2/2011)

Case3:10-cv-01192-JSW Document108

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Filed04/22/11 Page1 of 3

Jeffrey J. Lederman (SBN: 104622)
[e-mail]
Jeffrey S. Bosley (SBN: 167629)
[e-mail]
Amanda L. Groves (SBN: 187216)
[e-mail]
Leda M. Mouallem (SBN: 221258)
[e-mail]
WINSTON & STRAWN LLP
101 California Street
San Francisco, CA 94111-5802
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant
DIAMOND FOODS, INC.

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101 California Street
San Francisco, CA 94111-5802

Winston & Strawn LLP

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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ELLIOT ZEISEL, on behalf of himself and all
others similarly situated,

Case No. 3:10-cv-01192 JSW (EDL)

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Plaintiffs,
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v.
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DIAMOND FOODS, INC., a Delaware
corporation,

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Defendant.

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[PROPOSED] ORDER RE DEFENDANT
DIAMOND FOODS, INC.’S
ADMINISTRATIVE MOTION TO SEAL
PURSUANT TO CIVIL LOCAL RULES 711, 79-5(C), 79-5 (D) AND GENERAL
ORDER 62 EXCERPTS OF DEFENDANT’S
OPPOSITION TO MOTION FOR CLASS
CERTIFICATION, EXCERPTS OF
DECLARATION OF STEVEN NEIL, AND
DECLARATION OF GORDON RAUSSER,
PH.D. IN ITS ENTIRETY
AND ORDER TO PLAINTIFF TO
SHOW CAUSE RE SEALING.

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[PROPOSED] ORDER RE DEFENDANT DIAMOND FOODS, INC.’S ADMINISTRATIVE MOTION TO SEAL EXCERPTS OF
DEFENDANT’S OPPOSITION TO MOTION FOR CLASS CERTIFICATION, EXCERPTS OF DECLARATION OF STEVEN NEIL, AND
DECLARATION OF GORDON RAUSSER, PH.D. IN ITS ENTIRETY -- CASE NO. 3:10-CV-01192 JSW (EDL)

Case3:10-cv-01192-JSW Document108

Filed04/22/11 Page2 of 3

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Having considered: (a) Defendant Diamond Foods, Inc.’s Administrative Motion to Seal

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Excerpts of Defendant’s Opposition to Motion for Class Certification and Declaration of Gordon

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Rausser, Ph.D. in its Entirety; (b) the Declaration of Jeffrey S. Bosley in Support of Defendant

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Diamond Foods, Inc.’s Administrative Motion; (c) the Declaration of James Tropp in Support of

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Defendant Diamond Foods, Inc.’s Administrative Motion; and (d) the Declaration of Jeff Ngo in

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Support of Defendant Diamond Foods, Inc.’s Administrative Motion, the Court rules as follows:

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1. IT IS HEREBY ORDERED that Defendant Diamond Foods, Inc.’s Administrative
IN PART AND DENIED IN PART AS SET FORTH
Motion to Seal is GRANTED.
BELOW
2. The entirety of the Declaration of Gordon Rausser, Ph.D. in Support of Defendant’s

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Opposition to Motion for Class Certification (“Rausser Declaration”) shall remain under seal in this

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matter pursuant to Local Rules 7-11 and 79-5 and General Order 62.

101 California Street
San Francisco, CA 94111-5802

Winston & Strawn LLP

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3. Page 1, lines 19-28 of the Declaration of Steven Neil in Support of Diamond’s

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Opposition to Plaintiff’s Motion for Class Certification (“Neil Declaration”) shall remain under seal

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in this matter pursuant to Local Rules 7-11 and 79-5 and General Order 62.

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4. Certain portions of Defendant Diamond Foods, Inc.’s Opposition to Motion for Class

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Certification (“Opposition”) which cite to the Rausser Declaration shall also remain under seal in

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this matter pursuant to Local Rules 7-11 and 79-5 and General Order 62.

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5. Specifically, the portions of the Opposition which cite to the Rausser Declaration and
Citations to specific portions of the record or
should therefore remain under seal are as follows:
declaration are not sealable. The substantive
materials preceding those ciations are sealable.
a. Page 1, line 15.

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b. Page 2, line 4.

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c. Page 2, lines 7-9., except citation.

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d. Page 3, line 24, all of Footnote 3.

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e. Page 3, line 28, all of Footnote 6.

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f. Page 4, line 10.

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g. Page 4, lines 26-27, all of Footnote 6. except citation.

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h. Page 9, lines 20-21.except citation.

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[PROPOSED] ORDER RE DEFENDANT DIAMOND FOODS, INC.’S ADMINISTRATIVE MOTION TO SEAL EXCERPTS OF
DEFENDANT’S OPPOSITION TO MOTION FOR CLASS CERTIFICATION, EXCERPTS OF DECLARATION OF STEVEN NEIL, AND
DECLARATION OF GORDON RAUSSER, PH.D. IN ITS ENTIRETY -- CASE NO. 3:10-CV-01192 JSW (EDL)

Case3:10-cv-01192-JSW Document108

Filed04/22/11 Page3 of 3

j. Page 16, lines 1-4.except citations.

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k. Page 16, lines 25-28. except citations.

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l. Page 17, lines 1-2. except citations.

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m. Page 17, line 25-26.

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n. Page 18, line 18.

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o. Page 18, line 20-21.bracketed language only not citations.
p. Page 18, line 25, all of Footnote 20.

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q. Page 21, lines 13-18.

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101 California Street
San Francisco, CA 94111-5802

i. Page 15, lines 21-26.except citations.

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Winston & Strawn LLP

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r. Page 24, lines 20-21.

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s. Page 24, lines 22-26. except citations.

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t. Page 25, lines 11-24. except citations.

page 21:14-18 - bracketed language only.

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IT IS SO ORDERED.

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May 2, 2011
Dated: _______________

________________________________
The Honorable Jeffrey S. White
United States District Judge

The Rausser declaration is not sealable in its entirety, because his qualifications,
curriculum vitae, and previous testimony are not sealable. Defendant shall resubmit a
motion to seal the specific portions of the Rausser Declaration and exhibits that contain
sealable material.
Plaintiff is ordered to show cause why the portions of the Defendant's opposition related
to his medical condition are sealable. The Court shall not seal the reference in the
summary of the argument.

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Defendant's revised motion and Plaintiff's response to the Order to Show Cause shall be
filed by no later than May 9, 2011.
Defendant shall file redacted versions of its opposition brief by no later than May 9,
2011.

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[PROPOSED] ORDER RE DEFENDANT DIAMOND FOODS, INC.’S ADMINISTRATIVE MOTION TO SEAL EXCERPTS OF
DEFENDANT’S OPPOSITION TO MOTION FOR CLASS CERTIFICATION, EXCERPTS OF DECLARATION OF STEVEN NEIL, AND
DECLARATION OF GORDON RAUSSER, PH.D. IN ITS ENTIRETY -- CASE NO. 3:10-CV-01192 JSW (EDL)