Design Data Corporation v. Unigate Enterprise, Inc. et al

Filing 93

ORDER GRANTING MOTION TO CHANGE TIME. The hearing on defendants' Motion for Summary Judgment is moved to Friday July 18, 2014 at 1:00 p.m. Defendants' Reply brief is due June 30, 2014. Counsel are ORDERED to meet and confer by Tuesday J une 10, 2014 about re-designating the material referenced in Doc. 88 as confidential. If counsel cannot agree to re-designate the material as confidential, plaintiff shall file a response and declaration by Thursday, June 12, 2014, explaining why a confidential designation would not be adequate. On or before Wednesday June 11, 2014, defendants shall file a declaration in accordance with Civ. Local Rule 79-5 establishing that the materials they designated as confidential that plaintiff has rel ied on in its Opposition brief and supporting exhibits (see Korpus Decl. in Support of Plaintiffs Motion, Docket No. 85 -1) should be filed under seal. Before Wednesday June 11, 2014, plaintiff shall file a declaration establishing that the material it designated as confidential and relied on by defendants in Docket No. 88 , should be filed under seal under the applicable standard. Signed by Judge William H. Orrick on 06/06/2014. (jmdS, COURT STAFF) (Filed on 6/6/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DESIGN DATA CORPORATION,
Plaintiff,

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v.
UNIGATE ENTERPRISE, INC., et al.,
Defendants.

United States District Court
Northern District of California

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Case No. 12-cv-04131-WHO
ORDER GRANTING MOTION TO
CHANGE TIME
Re: Dkt. Nos. 88, 90

I have reviewed defendants’ request to continue the hearing on their Motion for Summary

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Judgment for three weeks and to allow defendants three additional weeks to file their Reply in

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support of that Motion. I have also reviewed plaintiff’s Opposition to that request.
Defendants’ request is GRANTED. The hearing on defendants’ Motion for Summary

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Judgment is moved to Friday July 18, 2014 at 1:00 p.m. Defendants’ Reply brief is due June 30,

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2014.

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Defendants also ask the Court to de-designate “as Confidential – Attorneys Eyes Only”

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specific emails produced by plaintiff, so that defense counsel can show them to their clients.

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Docket No. 88. I have not had the benefit of plaintiff’s response on the merits to this issue but it

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is not obvious why these emails – purportedly sent by representatives of plaintiff to defendants –

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merit an AEO designation. Any confidential information would seem to be adequately protected

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by a “confidential” designation under the Protective Order. Accordingly, counsel are ORDERED

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to meet and confer by Tuesday June 10, 2014 about re-designating the material as confidential.

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If counsel cannot agree to re-designate the material as confidential, plaintiff shall file a response

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and declaration by Thursday, June 12, 2014 explaining why a confidential designation would not

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be adequate.

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The Court also has before it two Administrative Motions to File Under Seal. Docket

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Nos.85, 88. On or before Wednesday June 11, 2014, defendants shall file a declaration in

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accordance with Civ. Local Rule 79-5 establishing that the materials they designated as

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confidential that plaintiff has relied on in its Opposition brief and supporting exhibits (see Korpus

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Decl. in Support of Plaintiff’s Motion, Docket No. 85-1) should be filed under seal. Defendants

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shall articulate reasons, supported by specific facts, showing that compelling reasons exist for

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sealing the material that outweigh the public’s right of access. Kamakana v. City & County of

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Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006).

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United States District Court
Northern District of California

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Similarly, on or before Wednesday June 11, 2014, plaintiff shall file a declaration
establishing that the material it designated as confidential and relied on by defendants in Docket
No. 88, should be filed under seal under the applicable standard.
IT IS SO ORDERED.
Dated: June 6, 2014
______________________________________
WILLIAM H. ORRICK
United States District Judge

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