Kwan Software Engineering, Inc. v. Foray Technologies, LLC
Filing
134
ORDER DENYING WITHOUT PREJUDICE MOTION TO FILE UNDER SEAL 124 (Illston, Susan) (Filed on 1/24/2014)
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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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KWAN SOFTWARE ENGINEERING, INC., a
California corporation d/b/a VERIPIC, INC.,
Plaintiff,
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No. C 12-03762 SI
ORDER DENYING WITHOUT
PREJUDICE MOTION TO FILE UNDER
SEAL
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. On
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January 10, 2014, plaintiff filed its opposition to defendant’s motion. Docket No. 117. By the present
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motion, plaintiff moves to file under seal portions of its opposition and several documents that were
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filed in support of its opposition. Docket No. 124. In the motion, plaintiff states that it moved to seal
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the documents because they were designated as confidential, but states that it takes no position at this
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time as to whether the 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
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designated material is sealable.” To date, no party has filed the required declaration. Accordingly, the
Court DENIES plaintiff’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.1
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IT IS SO ORDERED.
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Dated: January 24, 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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If after seven days, no party files the required declaration, then plaintiff must publicly file the
documents at issue within seven days from that date pursuant to Civil Local Rule 79-5(f)(2).
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