Infineon Technologies AG v. Volterra Semiconductor Corporation

Filing 149

ORDER DIRECTING PLAINTIFF TO FILE RESPONSE TO DEFENDANT'S ADMINISTRATIVE MOTION TO SEAL PORTIONS OF ITS OPPOSITION. Plaintiff shall file a response no later than November 9, 2012. Signed by Judge Maxine M. Chesney on November 6, 2012. (mmclc2, COURT STAFF) (Filed on 11/6/2012)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA

For the Northern District of California

United States District Court

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INFINEON TECHNOLOGIES AG,

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Plaintiff,

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No. C 11-6239 MMC
ORDER DIRECTING PLAINTIFF TO FILE
RESPONSE TO DEFENDANT’S
ADMINISTRATIVE MOTION TO SEAL
PORTIONS OF ITS OPPOSITION

v.
VOLTERRA SEMICONDUCTOR
CORPORATION,
Defendants.

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Before the Court is defendant Volterra Semiconductor Corporation’s (“Volterra”)

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administrative motion, filed October 26, 2012, to file under seal, pursuant to Civil Local

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Rules 7-11 and 79-5(d), portions of its opposition to plaintiff Infineon Technologies AG’s

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(“Infineon”) motion for reconsideration of the order issued October 3, 2012 by Magistrate

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Judge Donna M. Ryu. In support of said administrative motion, Volterra states the above-

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referenced portions have been designated confidential by Infineon.

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Under the Local Rules of this District, where a party seeks to file under seal any

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material designated confidential by another party, the submitting party must file a motion for

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a sealing order. See Civ. L.R. 79-5(d). “Within five days thereafter, the designating party

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must file with the Court and serve a declaration establishing that the designated information

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is sealable, and must lodge and serve a narrowly tailored proposed sealing order, or must

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withdraw the designation of confidentiality.” Id. “If the designating party does not file its

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responsive declaration as required by this subsection, the document or proposed filing will

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be made part of the public record.” Id.

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Infineon failed to file a response as required by the local rules of this district. See

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Civil L.R. 79-5(d). Moreover, it is apparent that much of the proposed sealed text does not

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refer to matters of a confidential nature. Nonetheless, as the magistrate judge found some

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of the above-referenced portions properly sealable (See Doc. 134), the Court will afford

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Infineon the opportunity to comply with Civil L.R. 79-5(d).

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Accordingly, Infineon is hereby DIRECTED to file with the Court, no later than

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November 9, 2012, “a declaration establishing that the designated information is sealable,

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and must lodge and serve a narrowly tailored proposed sealing order, or must withdraw the

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designation of confidentiality.” See Civil L.R. 79-5(d).

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IT IS SO ORDERED.

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Dated: November 6, 2012
MAXINE M. CHESNEY
United States District Judge

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