Parham v. McDonald's Corporation et al

Filing 45

ORDER GRANTING MCDONALD'S AMENDED STIPULATED ADMINISTRATIVE MOTION TO FILE PORTIONS OF MCDONALD'S OPPOSITION TO PLAINTIFF'S MOTION TO REMAND AND CERTAIN SUPPORTING PAPERS UNDER SEAL; DIRECTIONS TO CLERK. Pursuant to stipulation #44 , the documents described therein may be filed under seal. The declarations filed in support of the administrative motion, however, were improperly filed under seal, and shall be filed in the public record. Signed by Judge Maxine M. Chesney. (mmclc2, COURT STAFF) (Filed on 6/3/2011)

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RANDALL L. ALLEN (SBN 264067)
[e-mail]
PALANI P. RATHINASAMY (SBN 269852)
[e-mail]
ALSTON & BIRD LLP
275 Middlefield Road, Suite 150
Menlo Park, CA 94025-4008
Telephone:
650-838-2000
Facsimile:
650-838-2001
JANE FUGATE THORPE (Pro Hac Vice)
[e-mail]
SCOTT A. ELDER (Pro Hac Vice)
[e-mail]
ALSTON & BIRD LLP
1201 West Peachtree Street
Atlanta, GA 30309
Telephone:
404-881-7000
Facsimile:
404-881-7777
Attorneys for Defendants
MCDONALD’S CORPORATION and
MCDONALD’S USA, LLC.

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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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MONET PARHAM, on behalf of herself and
those similarly situated,
Plaintiff,

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v.
McDONALD’S CORPORATION, and
McDONALD’S USA, LLC.,

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Defendants.

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Case No.: 3:11-cv-00511-MMC
[PROPOSED] ORDER GRANTING
MCDONALD’S AMENDED
STIPULATED ADMINISTRATIVE
MOTION TO FILE PORTIONS OF
MCDONALD’S OPPOSITION TO
PLAINTIFF’S MOTION TO REMAND
AND CERTAIN SUPPORTING PAPERS
UNDER SEAL; DIRECTIONS TO
CLERK

The Court has received and reviewed McDonald’s Amended Stipulated Administrative

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Motion to File Portions of McDonald’s Opposition to Plaintiff’s Motion to Remand and Certain

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Supporting Papers Under Seal. Good cause appearing, the motion is

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GRANTED.
[PROPOSED] ORDER GRANTING MCDONALD’S AMENDED
STIPULATED ADMINISTRATIVE MOTION TO FILE UNDER
SEAL

Case No. 3:11-cv-00511 MMC

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PURSUANT TO STIPULATION, IT IS HEREBY ORDERED that the following can be

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filed under seal: (1) the requested portions of McDonald’s Opposition; (2) the requested portions

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of the Supplemental Sterling Declaration; (3) McDonald’s Cost Calculation Chart, attached as an

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exhibit to the Supplemental Sterling Declaration; (4) McDonald’s 2011 Youth Happy Meal Plan,

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attached as an exhibit to the Supplemental Sterling Declaration and the Ferschinger Declaration;

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and (5) the Cost Per Gross Ratings Point Data, attached as an exhibit to the Supplemental Sterling

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Declaration and the Carmody Declaration.

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The stipulation, however, does not provide for the filing under seal of two declarations

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submitted in support of the stipulated motion, specifically, the “Declaration of Peter Sterling in

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Support of Parties’ Stipulated Administrative Motion” and the “Declaration of Chip Carmody In

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Support of Administrative Motion.” Further, no court order has been requested, let alone issued,

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that permits either such declaration to be filed under seal, nor are any grounds for such sealing

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apparent from the documents themselves. See Civil L.R. 79-5(a) (providing “[n]o document may

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be filed under seal, . . . except pursuant to a Court order that authorizes the sealing of the

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particular document, or portions thereof”).

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Accordingly, the Clerk is hereby DIRECTED to unseal the above-referenced declarations
of Peter Sterling and Chip Carmody and to file said documents in the public record.

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DATED: June __, 2011

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__________________________________
MAXINE M. CHESNEY
UNITED STATES DISTRICT JUDGE

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[PROPOSED] ORDER GRANTING MCDONALD’S AMENDED
STIPULATED ADMINISTRATIVE MOTION TO FILE UNDER
SEAL

Case No. 3:11-cv-00511 MMC

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