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

Filing 22

Stipulated Administrative Motion to File Under Seal filed by Be In, Inc.. (Attachments: # 1 Declaration Roni E. Bergoffen, # 2 Exhibit Redacted Exhibit A, # 3 Proposed Order, # 4 Certificate/Proof of Service)(Addiego, Joseph) (Filed on 9/25/2012) Modified text on 9/26/2012 (dhmS, COURT STAFF).

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DAVIS WRIGHT TREMAINE LLP 1 Joseph E. Addiego III (CA State Bar No. 169522) DAVIS WRIGHT TREMAINE LLP 2 505 Montgomery Street, Suite 800 San Francisco, California 94111 3 Telephone: (415) 276-6500 4 Facsimile: (415) 276-6599 Email: joeaddiego@dwt.com 5 William E. Wallace III (Pro Hac Vice Application Pending) 6 Stephen M. Nickelsburg (Pro Hac Vice Application Pending) Roni E. Bergoffen (Pro Hac Vice Application Pending) 7 CLIFFORD CHANCE US LLP 8 2001 K Street, N.W. Washington, D.C. 20006 9 Telephone: (202) 912-5045 Facsimile: (202) 912-6000 10 Email: William.Wallace@CliffordChance.com 11 Attorneys for Plaintiff 12 BE IN, INC., a New York corporation IN THE UNITED STATES DISTRICT COURT THE NORTHERN DISTRICT OF CALIFORNIA 13 14 15 SAN JOSE DIVISION BE IN, INC., 22 ) ) ) ) ) ) ) ) ) ) ) ) ) ) 23 MEMORANDUM OF POINTS AND AUTHORITIES AND STIPULATION 16 17 Plaintiff, v. 18 GOOGLE, INC., a California corporation, 19 RICHARD ROBINSON, and DOES 1 through 3, inclusive, 20 Defendants. 21 24 Case No. CV12-03373-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 Plaintiff Be In, Inc. and Defendant Google Inc. hereby request that the Court permit Be In 25 to file under seal one document that is attached to the Declaration of Ha-Thanh Nguyen 26 ("Nguyen Declaration"), which is filed in connection with Be In, Inc.'s Opposition to Defendant's 27 Motion to Dismiss (attached hereto as Roni E. Bergoffen Declaration Exhibit A ("Bergoffen 28 Declaration"). Case No. CV-12-03373-LHK Stipulated Administrative Motion to File Document Under Seal DWT 20417637v1 0096269-000001 1 Exhibit A to the Bergoffen and Nguyen Declarations: The "Exhibit A" attached to the 2 Bergoffen and Nguyen Declarations constitute the deposit Be In, Inc. submitted to the United 3 States Copyright Office as part of its June 2012 application for a U.S. copyright registration. 4 Plaintiff Be In asserts that the Copyright Office keeps deposits submitted in connection with 5 copyright registrations confidential, and will not release copies to third parties, other than parties 6 to a litigation involving the application or pursuant to a court order. See Circular 6, Obtaining 7 Access to and Copies of Copyright Office Records and Deposits, U.S. Copyright Office 8 (09/2011), available at http://www.copyright.gov/circs/circ06.pdf. 9 Civil Local Rule 79-5(a) authorizes the sealing of documents that are privileged or DAVIS WRIGHT TREMAINE LLP 10 protectable as a trade secret or otherwise entitled to protection under the law. Plaintiff Be In, 11 Inc. asserts that Exhibit A contains confidential information, that would cause it competitive 12 harm if it were made public. Defendant Google stipulates to filing this document under seal. 13 Pursuant to Civil Local Rule 7-11, the parties therefore stipulate that Exhibit A to the 14 Bergoffen and Nguyen Declarations should be sealed in its entirety, and respectfully request that 15 the Court enter an order granting this stipulated sealing request. 16 17 Dated: September 25, 2012 /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 18 19 20 Attorneys for Plaintiff Be In, Inc. 21 22 Dated: September 25, 2012 23 24 25 /s/ Colleen Bal Colleen Bal Charles Tait Graves WILSON SONSINI GOODRICH & ROSATI Attorneys for Defendants Google Inc. and Richard Robinson 26 27 28 2 Case No. CV-12-03373-LHK Stipulated Administrative Motion to File Document Under Seal DWT 20417637v1 0096269-000001 1 2 3 ATTESTATION PURSUANT TO GENERAL ORDER 45 I, Joseph E. Addiego III, hereby attest that concurrences in the filing of this document have 4 been obtained from each of the signatories. 5 /s/ Joseph E. Addiego III Joseph E. Addiego III 6 7 8 9 DAVIS WRIGHT TREMAINE LLP 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 Case No. CV-12-03373-LHK Stipulated Administrative Motion to File Document Under Seal DWT 20417637v1 0096269-000001

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