Infineon Technologies AG v. Volterra Semiconductor Corporation
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
For the Northern District of California
United States District Court
INFINEON TECHNOLOGIES AG,
No. C 11-6239 MMC
ORDER DIRECTING PLAINTIFF TO FILE
RESPONSE TO DEFENDANT’S
ADMINISTRATIVE MOTION TO SEAL
PORTIONS OF ITS OPPOSITION
Before the Court is defendant Volterra Semiconductor Corporation’s (“Volterra”)
administrative motion, filed October 26, 2012, to file under seal, pursuant to Civil Local
Rules 7-11 and 79-5(d), portions of its opposition to plaintiff Infineon Technologies AG’s
(“Infineon”) motion for reconsideration of the order issued October 3, 2012 by Magistrate
Judge Donna M. Ryu. In support of said administrative motion, Volterra states the above-
referenced portions have been designated confidential by Infineon.
Under the Local Rules of this District, where a party seeks to file under seal any
material designated confidential by another party, the submitting party must file a motion for
a sealing order. See Civ. L.R. 79-5(d). “Within five days thereafter, the designating party
must file with the Court and serve a declaration establishing that the designated information
is sealable, and must lodge and serve a narrowly tailored proposed sealing order, or must
withdraw the designation of confidentiality.” Id. “If the designating party does not file its
responsive declaration as required by this subsection, the document or proposed filing will
be made part of the public record.” Id.
Infineon failed to file a response as required by the local rules of this district. See
Civil L.R. 79-5(d). Moreover, it is apparent that much of the proposed sealed text does not
refer to matters of a confidential nature. Nonetheless, as the magistrate judge found some
of the above-referenced portions properly sealable (See Doc. 134), the Court will afford
Infineon the opportunity to comply with Civil L.R. 79-5(d).
Accordingly, Infineon is hereby DIRECTED to file with the Court, no later than
November 9, 2012, “a declaration establishing that the designated information is sealable,
and must lodge and serve a narrowly tailored proposed sealing order, or must withdraw the
designation of confidentiality.” See Civil L.R. 79-5(d).
IT IS SO ORDERED.
Dated: November 6, 2012
MAXINE M. CHESNEY
United States District Judge
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