Masterobjects, Inc. v. eBay, Inc.

Filing 96

ORDER RE: ADMINISTRATIVE MOTION TO SEAL (Dkt. No. 90). Signed by Magistrate Judge Jacqueline Scott Corley on 10/23/2013 (ahm, COURT STAFF) (Filed on 10/23/2013)

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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,

Case No.: 3:12-cv-680 JSC
ORDER RE: ADMINISTRATIVE
MOTION TO SEAL (Dkt. No. 90)

v.

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EBAY, INC.,
Defendant.

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Now pending before the Court is 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 documents regarding
“testing and analysis of the (alleged) economic benefit of the accused eBay search
Autocomplete feature and related documents.” (Dkt. No. 90-3, p. 1.) The Administrative
Motion to File the Joint Letter Brief and the exhibits thereto under seal is DENIED for failure
to comply with Local Rule 79-5.
MasterObjects sought leave to file the documents under seal because eBay previously
designated the exhibits attached and referenced in the joint statement as confidential pursuant
to the parties’ Protective Order. As the party asserting that the contents are confidential, eBay

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bears the burden of establishing that sealing is proper pursuant to Local Rule 79-5. However,

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eBay failed to comply with Rule 79-5 in two respects. First, eBay failed to file “a declaration

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as required by subsection 79-5(d)(1)(A) establishing that all of the designated material is

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sealable.” See L.R. 79-5(e)(1). Second, even if eBay had filed a declaration as required by

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Rule 79-5, the request for sealing would still be improper as it is not “narrowly tailored,” and

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instead, seeks to file the entire joint statement and exhibits under seal. See L.R. 79-5(b).

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Accordingly, the motion to seal is DENIED. MasterObjects shall file (1) the

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unredacted Joint Statement, (2) Exhibits 1-15 to the Declaration of Spencer Hosie in Support

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of Motion to Compel Production of Damages Documents, and (3) Exhibits 1-3 to the

Northern District of California

Declaration of Christopher Shield in Opposition to Motion to Compel Production of Damages

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United States District Court

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Documents on the public docket in accordance with Local Rule 79-5(e)(2).

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The previously scheduled telephonic discovery hearing regarding the issues raised in
the Joint Statement (Dkt. No. 90-3) remains on calendar.
IT IS SO ORDERED.

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Dated: October 23, 2013
_________________________________
JACQUELINE SCOTT CORLEY
UNITED STATES MAGISTRATE JUDGE

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