Garvey et al v. Kissmetrics et al

Filing 129

ORDER Re Administrative Motion to File Under Seal 125 , Parisi Declaration 128 , and Amending Order 126 . Signed by Judge Laurel Beeler on 10/24/2013. (lblc1S, COURT STAFF) (Filed on 10/24/2013)

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UNITED STATES DISTRICT COURT

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Northern District of California

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San Francisco Division
IN RE HULU PRIVACY LITIGATION

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For the Northern District of California

UNITED STATES DISTRICT COURT

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No. C 11-03764 LB
ORDER TO FILE UNDER SEAL

____________________________________/

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The parties in this putative class action are in the process of briefing their summary judgment

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and class certification motions. See Scheduling Order, ECF No. 122. On October 1, 2013, Hulu

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filed a summary judgment motion regarding Plaintiffs’ “Comscore” and “Facebook ‘Like’ Button”

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theories of liability along with several supporting exhibits. See ECF No. 125-3 to 125-10. A portion

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of Hulu’s motion and one of the supporting exhibits contain information that Plaintiffs marked

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Confidential under the parties’ stipulated protective order. See Schwartz Decl., ECF No. 125-1.

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Accordingly, Hulu also filed an administrative motion to file under seal. ECF No. 125.

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Plaintiffs did not file a declaration in support of Hulu’s administrative motion within the time

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required by Civil Local Rule 79-5. See generally Docket. Accordingly, on October 18, 2013, the

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court denied Hulu’s administrative motion to file under seal, stating:

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Unless Plaintiffs show good cause and the court intervenes to delay the public docketing as
permitted by Local Rule 79-5(e)(2), Hulu may publicly file its summary judgment motion
and the attached exhibits no earlier than 4 days and no later than 10 days from the date of this
order.

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Order, ECF No. 126 at 2.
On October 22, 2013, Plaintiffs’ counsel filed a declaration in support of the now-denied motion.

ORDER (C 11-03764 LB)

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See Parisi Decl. Supp. Admin. Mot., ECF No. 128. Plaintiffs’ counsel now asks the court to grant

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Hulu’s motion to seal and to order Hulu to seal additional information – quotations of an

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individual’s Facebook profile ID and a datr cookie. Id. at 3 (identifying information by docket,

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page, and line number). Plaintiffs explain that publicly disclosing this information could allow a

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member of the public to impersonate the individual in transmissions to Facebook through an exploit

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known as a “cookie-jacking.” Id. at 2.

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Plaintiffs’ declaration (though untimely) sufficiently establishes good cause to seal the identified

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records. Accordingly, the court amends its previous order at ECF No. 126, and GRANTS the

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administrative motions to file under seal the following portions of Hulu’s summary judgment brief

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and its supporting exhibits:
a) The proposed redacted portion shown on Dkt. No. 125-3, p. 14 of 26, lines 1-14;

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For the Northern District of California

UNITED STATES DISTRICT COURT

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b) The numeric string at Dkt. No. 125-3, p. 14 of 26, line 17;

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c) The character string at Dkt. No. 125-3, p. 14 of 26, line 18;

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d) The numeric string at Dkt. No. 125-3, p. 15 of 26, line 2;

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e) The character string at Dkt. No. 125-3, p. 15 of 26, line 4;

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f) The numeric string at Dkt. No. 125-3, p. 15 of 26, line 5;

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g) The character string at Dkt. No. 125-3, p. 22 of 26, line 25;

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h) The character string at Dkt. No. 125-3, p. 22 of 26, line 26;

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i) The numeric string at Dkt. No. 125-3, p. 22 of 26, line 25;

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j) The numeric string at Dkt. No. 125-3, p. 22 of 26, line 26; and

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k) The character string at Dkt. No. 125-3, p. 23 of 26, line 15.

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l) Exhibit B to the Declaration of Katherine Robison (Dkt. No. 125-10) under seal.

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Hulu shall re-file its Notice of Motion and Motion for Summary Judgment, in accordance with

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this order and Civil Local Rule 79-5.
IT IS SO ORDERED.
Dated: October 24, 2013

_______________________________
LAUREL BEELER
United States Magistrate Judge

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ORDER (C 11-03764 LB)

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