Life Is Now, Inc. v. Equalizer Group International et al

Filing 21

ORDER TO SHOW CAUSE WHY THE CASE SHOULD NOT BE FILED IN THE PUBLIC RECORD. Show Cause Response due by 7/25/2012.. Signed by Judge Jeffrey S. White on 7/19/12. (jjoS, COURT STAFF) (Filed on 7/20/2012)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 LIFE IS NOW, INC., 11 For the Northern District of California United States District Court 10 12 Plaintiff, No. C 12-03376 JSW v. EQUALIZER GROUP INTERNATIONAL, et al., 13 ORDER TO SHOW CAUSE WHY THE CASE SHOULD NOT BE FILED IN THE PUBLIC RECORD Defendants. 14 / 15 16 On July 18, 2012, plaintiff Life is Now, Inc. (“Plaintiff”) and defendant Kathleen 17 O’Donnell a/k/a Coco O’Donnell (“O’Donnell”) filed a stipulation and proposed order. In their 18 proposed order, Plaintiff and O’Donnell request that the Court seal this entire case. As a public 19 forum, the Court will only entertain requests to seal that establish good cause and are narrowly 20 tailored to seal only the particular information that is genuinely privileged or protectable as a 21 trade secret or otherwise has a compelling need for confidentiality. Documents may not be filed 22 under seal pursuant to blanket protective orders covering multiple documents. In addition, 23 counsel should not attempt to seal entire pleadings or declarations without a particularized 24 showing explaining why the request could not be more narrowly tailored. Any order granting a 25 request to seal shall direct the sealing of only those documents, pages, or if practicable, those 26 portions of documents or pages that contain the information requiring confidentiality. All other 27 portions of such documents shall remain in the public file. Civil L.R. 79-5(b) & cmt. 28 1 The parties have not made any showing as to why this entire case should be sealed. The 2 Court notes that Plaintiff publicly filed this case on June 28, 2012. With the exception of the 3 exhibits for which Plaintiff requested and was granted the ability to file under seal, all 4 documents in this case, including the stipulation requesting that this entire action be sealed, 5 have been filed in the public record. It is not clear to the Court that Plaintiff and O’Donnell 6 could make the requisite showing to file this entire action under seal. Nevertheless, the Court 7 will provide Plaintiff and O’Donnell an opportunity to do so. By no later than July 25, 2012, 8 Plaintiff and/or O’Donnell are HEREBY ORDERED to Show Cause (“OSC”) why this entire 9 action, with the exception of the sealed exhibits, should not remain in the public record. Moreover, the stipulation between Plaintiff and O’Donnell, the only defendant who has 11 For the Northern District of California United States District Court 10 been served, appears to fully resolve the dispute between them. However, the stipulation does 12 not include a request to dismiss this action. In the response to this OSC, Plaintiff should 13 explain why it is not requesting to dismiss this action. 14 IT IS SO ORDERED. 15 16 Dated: July 19, 2012 JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 2

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