Masterobjects, Inc. v. eBay, Inc.
Filing
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SECOND ORDER RE: ADMINISTRATIVE MOTION TO SEAL (Dkt. No. 90). Signed by Judge Jacqueline Scott Corley on 10/31/2013. (ahm, COURT STAFF) (Filed on 10/31/2013)
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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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MASTEROBJECTS, INC.,
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Plaintiff,
v.
Case No.: 3:12-cv-680 JSC
SECOND ORDER RE:
ADMINISTRATIVE MOTION TO
SEAL (Dkt. No. 90)
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EBAY, INC.,
Defendant.
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The Court previously denied Plaintiff MasterObjects, Inc.’s (“MasterObjects”)
Administrative Motion to File Under Seal a Joint Letter Brief regarding MasterObjects’
request to compel Defendant eBay, Inc. (“eBay”) to produce certain damages documents
(Dkt. No. 90) and eighteen exhibits submitted therewith for failure to comply with Local Rule
79-5. (Dkt. No. 96.) The Court found that eBay, as the as the party asserting that the
documents were confidential, failed to establish that the documents were in fact confidential
as it: (1) failed to file “a declaration as required by subsection 79-5(d)(1)(A) establishing that
all of the designated material is sealable” see L.R. 79-5(e)(1); and (2) did not “narrowly
tailor” the request for sealing, and instead, sought to file the entire joint statement and
exhibits under seal, see L.R. 79-5(b).
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eBay subsequently submitted a declaration in support of sealing (Dkt. No. 100);
instead, continues to maintain that the entire Joint Statement and eighteen exhibits submitted
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therewith should be sealed. This request violates Rule 79-5(b)’s requirement that a request
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for sealing be narrowly tailored. While certain trade secret documents and the facts discussed
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therein may in fact be confidential, the parties’ legal arguments in the joint statement are not
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confidential nor is every portion of every exhibit. For example, the Court fails to see how the
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email at Docket No. 90-10 contains confidential information “describing planning, analytics
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and development of eBay’s website.” (Dkt. No. 100 at 3.) Likewise, the entire six page
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email at Docket No. 90-11 cannot be said to contain confidential information “describing
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Northern District of California
however, the declaration fails to address the second grounds for the Court’s prior Order, and
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United States District Court
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planning, analytics and development of eBay’s website.” (Id.) To the extent these and other
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emails may contain some confidential information, eBay has wholly failed to establish good
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cause to redact all the information including the email recipients and the date and time of the
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emails. Further, with respect to deposition testimony, while portions of the testimony may be
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confidential because they describe the “technical operation and analytics of eBay’s website”
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(id. at 4), it is not evident why this confidentiality applies to those portions of the testimony
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where the deponent is identifying other employees or departments within eBay, nor does it
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apply to colloquies between counsel. (See, e.g., Dkt. No. 90-23 at 81:18-24, 82:8-20.)
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Accordingly, the motion to seal at Docket No. 90 is DENIED for a second time. eBay
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has until Monday, November 4, 2013, to file a declaration which comports with Local Rule
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79-5 and addresses the issues raised herein. If eBay fails to timely file a declaration,
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MasterObjects shall file (1) the unredacted Joint Statement, (2) Exhibits 1-15 to the
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Declaration of Spencer Hosie in Support of Motion to Compel Production of Damages
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Documents, and (3) Exhibits 1-3 to the Declaration of Christopher Shield in Opposition to
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Motion to Compel Production of Damages Documents on the public docket in accordance
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with Local Rule 79-5(e)(2).
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//
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//
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IT IS SO ORDERED.
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Dated: October 31, 2013
_________________________________
JACQUELINE SCOTT CORLEY
UNITED STATES MAGISTRATE JUDGE
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Northern District of California
United States District Court
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