Kwan Software Engineering, Inc. v. Foray Technologies, LLC

Filing 125

ORDER DENYING WITHOUT PREJUDICE MOTION TO FILE UNDER SEAL re 112 . This denial is without prejudice to a party filing the declaration required by Civil Local Rule 79-5(d)(1)(A) within seven days from the date this order is filed. (Illston, Susan) (Filed on 1/16/2014) Modified on 1/17/2014 (ysS, COURT STAFF).

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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ORDER DENYING WITHOUT
PREJUDICE MOTION TO FILE UNDER
SEAL

Plaintiff,

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No. C 12-03762 SI

KWAN SOFTWARE ENGINEERING, INC., a
California corporation d/b/a VERIPIC, INC.,

v.
FORAY TECHNOLOGIES, LLC, a Delaware
Limited Liability Company,
Defendant.

/

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On December 12, 2013, defendant filed a motion for summary judgment, Docket No. 93, and

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on December 27, 2013, defendant filed an amended memorandum of points and authorities in support

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of its motion for summary judgment. Docket No. 107. By the present motion, defendant moves to seal

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a document that was filed in support of its motion for summary judgment—the Declaration of Brian

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Berg. Docket No. 112. In the motion, defendant states that it moved to seal the declaration because it

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was designated as confidential, but states that it takes no position at this time as to whether the

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information is entitled to be filed under seal. Id.

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Under Civil Local Rule 79-5(e), where “the Submitting Party is seeking to file under seal a

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document designated as confidential by the opposing party or a non-party pursuant to a protective order

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. . . [,] [w]ithin 4 days of the filing of the Administrative Motion to File Under Seal, the Designating

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Party must file a declaration as required by subsection 79-5(d)(1)(A) establishing that all of the
designated material is sealable.” To date, no party has filed the required declaration. Accordingly, the

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Court DENIES defendant’s motion to seal. This denial is without prejudice to a party filing the

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declaration required by Civil Local Rule 79-5(d)(1)(A) within seven days from the date this order is

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filed.

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IT IS SO ORDERED.

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Dated: January 16, 2014
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SUSAN ILLSTON
United States District Judge

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United States District Court
For the Northern District of California

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