Be In, Inc. v. Google Inc. et al
Filing
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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).
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
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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
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Attorneys for Plaintiff
12 BE IN, INC., a New York corporation
IN THE UNITED STATES DISTRICT COURT
THE NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
BE IN, INC.,
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MEMORANDUM OF POINTS AND AUTHORITIES AND STIPULATION
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Plaintiff,
v.
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GOOGLE, INC., a California corporation,
19 RICHARD ROBINSON, and DOES 1 through
3, inclusive,
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Defendants.
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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
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Declaration").
Case No. CV-12-03373-LHK
Stipulated Administrative Motion to File Document Under Seal
DWT 20417637v1 0096269-000001
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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.
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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.
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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.
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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
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Attorneys for Plaintiff
Be In, Inc.
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22 Dated: September 25, 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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Case No. CV-12-03373-LHK
Stipulated Administrative Motion to File Document Under Seal
DWT 20417637v1 0096269-000001
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ATTESTATION PURSUANT TO GENERAL ORDER 45
I, Joseph E. Addiego III, hereby attest that concurrences in the filing of this document have
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/s/ Joseph E. Addiego III
Joseph E. Addiego III
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DAVIS WRIGHT TREMAINE LLP
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Case No. CV-12-03373-LHK
Stipulated Administrative Motion to File Document Under Seal
DWT 20417637v1 0096269-000001
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