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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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA For the Northern District of California United States District Court 10 11 12 INFINEON TECHNOLOGIES AG, 13 Plaintiff, 14 15 16 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. / 17 18 Before the Court is defendant Volterra Semiconductor Corporation’s (“Volterra”) 19 administrative motion, filed October 26, 2012, to file under seal, pursuant to Civil Local 20 Rules 7-11 and 79-5(d), portions of its opposition to plaintiff Infineon Technologies AG’s 21 (“Infineon”) motion for reconsideration of the order issued October 3, 2012 by Magistrate 22 Judge Donna M. Ryu. In support of said administrative motion, Volterra states the above- 23 referenced portions have been designated confidential by Infineon. 24 Under the Local Rules of this District, where a party seeks to file under seal any 25 material designated confidential by another party, the submitting party must file a motion for 26 a sealing order. See Civ. L.R. 79-5(d). “Within five days thereafter, the designating party 27 must file with the Court and serve a declaration establishing that the designated information 28 is sealable, and must lodge and serve a narrowly tailored proposed sealing order, or must 1 withdraw the designation of confidentiality.” Id. “If the designating party does not file its 2 responsive declaration as required by this subsection, the document or proposed filing will 3 be made part of the public record.” Id. 4 Infineon failed to file a response as required by the local rules of this district. See 5 Civil L.R. 79-5(d). Moreover, it is apparent that much of the proposed sealed text does not 6 refer to matters of a confidential nature. Nonetheless, as the magistrate judge found some 7 of the above-referenced portions properly sealable (See Doc. 134), the Court will afford 8 Infineon the opportunity to comply with Civil L.R. 79-5(d). 9 Accordingly, Infineon is hereby DIRECTED to file with the Court, no later than 10 November 9, 2012, “a declaration establishing that the designated information is sealable, 11 and must lodge and serve a narrowly tailored proposed sealing order, or must withdraw the 12 designation of confidentiality.” See Civil L.R. 79-5(d). 13 IT IS SO ORDERED. 14 15 Dated: November 6, 2012 MAXINE M. CHESNEY United States District Judge 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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