Implicit Networks, Inc. v. Juniper Networks, Inc.

Filing 171

ORDER RE: PARTIES' STIPULATION TO FILE UNDER SEAL 165 (Illston, Susan) (Filed on 11/13/2012)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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IMPLICIT NETWORKS, INC.,

No. C 10-04234 SI

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Plaintiff,

ORDER RE PARTIES’ STIPULATION
TO FILE UNDER SEAL

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v.
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United States District Court
For the Northern District of California

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JUNIPER NETWORKS, INC.,
Defendant.

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Currently before the Court is the parties’ stipulation to file under seal portions of Juniper’s
Motion for Summary Judgment and Exhibits in support thereof. Docket No. 165. While the stipulation

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provides some explanation of the reasons why Juniper seeks to seal the material at issue, no declaration
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in support of sealing has been filed. See generally Civil Local Rule 79-5.
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Within five days of the date of this Order, Juniper shall file a declaration identifying with
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specificity each document, page, or line of document Juniper wishes to file under seal and providing
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“compelling” reasons to justify the proposed sealing. See, e.g., In re Midland Nat’l Life Ins. Co Annuity
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Sales Practices Litig. v. Allianz Life Ins. Co. of N. Am., 686 F.3d 1115, 1119-20 (9th Cir. 2012) (party
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seeking to seal information submitted in conjunction with summary judgment motion must show
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compelling reasons that override the public policies favoring disclosure). With respect to information
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identifying Juniper’s clients and/or the products those clients purchased, Juniper must declare that the
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customer information is not already publicly known and explain how the mere identification of Juniper’s
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clients and/or the products they purchased could create a security concern significant enough to justify
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sealing the material at issue.
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IT IS SO ORDERED.
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Dated: November 13, 2012
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SUSAN ILLSTON
United States District Judge