Aria Diagnostics, Inc v. Sequenom, Inc

Filing 80

ORDER RE SEALING (Illston, Susan) (Filed on 5/17/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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ARIA DIAGNOSTICS, INC.,

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United States District Court
For the Northern District of California

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No. C 11-06391 SI

Plaintiff,

ORDER RE SEALING

v.
SEQUENOM, INC.,
Defendant.

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/

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SEQUENOM, INC.,
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Counterclaim Plaintiff,
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v.
ARIA DIAGNOSTICS, INC.,
Counterclaim Defendant,

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and
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ISIS INNOVATION LIMITED,
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Nominal Counterclaim Defendant.
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________________________________________/
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Currently before the Court is the parties’ stipulation and proposed order to allow Ariosa (plaintiff

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and counterclaim defendant, formerly known as Aria) to file its opposition to Sequenom’s motion for

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a preliminary injunction and related declarations under seal. The stipulation does not comply with this

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Court’s standing order and Civil Local Rule 79-5. In order to seek to file a document completely under

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seal, the filing party must submit a stipulation (or motion) and supporting declaration demonstrating

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why, for each specific document and the information contained therein, good cause exists to seal the

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whole document. See Civil Local Rule 79-5(b), (d). The stipulation and declaration cannot rely solely

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on the parties’ agreement to seal or the fact that some of the information referenced in a document has

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been designated as confidential under the parties’ protective order.

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Similarly, in order to seek to file a document partially under seal, the filing party must submit

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a stipulation (or motion) and declaration identifying the specific portions of the document sought to be

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filed under seal and demonstrating that good cause exists to seal those portions of the document. Civil

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Local Rule 79-5(c), (d). The stipulation and declaration cannot rely solely on the parties’ agreement

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to seal or the fact that some of the information referenced in a document has been designated as

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confidential under the parties’ protective order. The filing party must also comply with General Order

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62, regarding efiling documents under seal.

United States District Court
For the Northern District of California

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Within five (5) days of the date of this Order, Ariosa must submit a stipulation (or motion) that
fully complies with this Court’s standing order and Civil Local Rule 79-5.

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IT IS SO ORDERED.

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Dated: 5/17/12
SUSAN ILLSTON
United States District Judge

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