Resilient Floor Covering Pension Trust Fund Board of Trustees et al v. Michael's Floor Covering, Inc.

Filing 79

SECOND ORDER RE: ADMINISTRATIVE MOTION TO FILE UNDER SEAL (Dkt. No. 70). Signed by Magistrate Judge Jacqueline Scott Corley on 8/7/2012. (ahm, COURT STAFF) (Filed on 8/7/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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Northern District of California

United States District Court

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RESILIENT FLOOR COVERING
PENSION FUND, et al.,

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Plaintiffs,

Case No.: 11-5200 JSC
SECOND ORDER RE:
ADMINISTRATIVE MOTION TO
FILE UNDER SEAL (Dkt. No. 70)

v.

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MICHAEL’S FLOOR COVERING,
INC.,
Defendant.

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On July 26, 2012, the parties filed cross-motions for summary judgment in this action.

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(Dkt. Nos. 67 & 71). Plaintiffs’ motion includes an administrative motion to file under seal

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portions of Plaintiffs’ Memorandum of Points and Authorities in Support of Plaintiffs’

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Motion for Partial Summary Judgment and Exhibits K, L, R, V (Art. F & I only), W, X and

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Z (attachments only) to the Declaration of Donna L. Kirchner filed therewith. (Dkt. No. 70).

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Plaintiffs’ motion is based on Defendant’s designation of materials attached thereto as

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“Highly-Confidential – Attorneys’ Eyes Only.”

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On August 3, 2012, this Court ordered Defendant, as the designating party, to file a

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declaration establishing good cause for the sealing along with a proposed order or

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withdraw the designation by August 6, 2012 in accordance with this Court’s Standing Order

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and Local Rule 79-5(c). Defendant filed a declaration attesting to the documents

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confidentiality, but failed to file a proposed order.

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Defendant shall have one final opportunity to comply with the Court’s Orders and the

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Local Rules. Defendant shall file a proposed order which indicates which portions of

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Plaintiffs’ Memorandum of Points and Authorities in Support of Plaintiffs’ Motion for

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Partial Summary Judgment and the exhibits thereto should be filed under seal by the close of

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business Wednesday, August 8, 2012. If Defendant again fails to comply, the Court will

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order the documents filed on the public docket.

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IT IS SO ORDERED.

Northern District of California

United States District Court

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Dated: August 7, 2012
_________________________________
JACQUELINE SCOTT CORLEY
UNITED STATES MAGISTRATE JUDGE

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