Be In, Inc. v. Google Inc. et al

Filing 16

Administrative Motion to File Under Seal filed by Google Inc., Richard Robinson. (Attachments: # 1 Proposed Order)(Bal, Colleen) (Filed on 9/4/2012)

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COLLEEN BAL, State Bar No. 167637
CHARLES TAIT GRAVES, State Bar No. 197923
WILSON SONSINI GOODRICH & ROSATI
Professional Corporation
One Market Plaza
Spear Tower, Suite 3300
San Francisco, California 94105-1126
Phone [phone]
Fax [phone]
[e-mail]
Attorneys for Defendants
Google Inc. and Richard Robinson

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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BE IN, INC., a New York Corporation,

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Plaintiff,
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v.
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GOOGLE INC., a California corporation;
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RICHARD ROBINSON, an individual, and Does )
1 through 3 inclusive,
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Defendants.
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MOTION TO SEAL
CASE NO.: 5:12-CV-03373-LHK

Case No.: 5:12-cv-03373-LHK
STIPULATED ADMINISTRATIVE
MOTION TO FILE DOCUMENT
UNDER SEAL PURSUANT TO
LOCAL RULE 79-5
Hearing Date: January 3, 2013
Hearing Time: 1:30 p.m.
Courtroom: 8, 4th Floor
Judge: Hon. Lucy H. Koh

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MEMORANDUM OF POINTS AND AUTHORITIES AND STIPULATION

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Defendant Google Inc. and Plaintiff Be In, Inc. hereby request that the Court permit

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Google to file under seal one document that is attached to the Declaration of Charles T. Graves,

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which is filed in connection with Google’s Motion to Dismiss.

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● Graves Declaration, Exhibit B: The document constitutes Plaintiff’s deposit made in

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support of its June 2012 application for a copyright registration with the United States Copyright

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Office. This document is Exhibit B to the Graves Declaration.

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Google obtained the document from the United States Copyright Office in Washington,

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D.C. Google was able to obtain the document because it is a party to a litigation involving

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Plaintiff’s copyright application. The Copyright Office will release a copyright application

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deposit to a party to a litigation involving the application, but it does not generally release the

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deposit to third parties.

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Civil Local Rule 79-5(d) authorizes the sealing of documents that contain the opposing

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party’s confidential information.

Plaintiff Be In, Inc. asserts that the document contains

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confidential information that would cause it competitive harm if it were made public. Defendant

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Google Inc. takes no position regarding the content of Exhibit B but stipulates to filing the

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document under seal.

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Pursuant to Civil Local Rule 7-11, the parties therefore stipulate that Exhibit B to the

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Graves Declaration should be sealed in its entirety, and respectfully request that the Court enter

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an order granting this stipulated sealing request.

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Dated: September 4, 2012

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/s/ Colleen Bal
Colleen Bal
Charles Tait Graves
WILSON SONSINI GOODRICH & ROSATI
Attorneys for Defendants
Google Inc. and Richard Robinson

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MOTION TO SEAL
CASE NO.: 5:12-CV-03373-LHK

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Dated: September 4, 2012

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/s/ Joseph E. Addiego III
Joseph E. Addiego III
DAVIS WRIGHT TREMAINE LLP
William E. Wallace III (pro hac vice application pending)
CLIFFORD CHANCE US LLP
Attorneys for Plaintiff
Be In, Inc.

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MOTION TO SEAL
CASE NO.: 5:12-CV-03373-LHK

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ATTESTATION PURSUANT TO GENERAL ORDER 45
I, Colleen Bal, hereby attest that concurrences in the filing of this document have
been obtained from each of the signatories.

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/s/ Colleen Bal
Colleen Bal

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MOTION TO SEAL
CASE NO.: 5:12-CV-03373-LHK

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