Riccardi v. Lynch et al

Filing 83

ORDER UNSEALING COMPLAINT IN PART AND REQUIRING FURTHER BRIEFING. Signed by Judge Charles R. Breyer on 05/20/2013. (crblc2, COURT STAFF) (Filed on 5/20/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

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No. CV 12-06003 CRB

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ORDER UNSEALING COMPLAINT
IN PART AND REQUIRING
FURTHER BRIEFING

IN RE HEWLETT PACKARD COMPANY
SHAREHOLDER DERIVATIVE
12 LITIGATION
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This document relates to: ALL ACTIONS
/

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Plaintiff moved to seal certain portions of the Consolidated Shareholder Derivative

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Complaint, noting that Nominal Defendant Hewlett-Packard Company (“HP”) had

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designated the material confidential, but that Plaintiff did not believe HP could justify sealing

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all of the information. See dkt. 75. HP then moved to seal only some of what Plaintiff had

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redacted. See dkt. 77. The Court granted HP’s motion. See dkt. 82. The Court UNSEALS

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all redacted information in the Complaint except the portions identified in its Order of May

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20, 2013, see dkt. 82, as no party has offered any reason why it should remain sealed.

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Upon further review, the Court ORDERS HP to explain and provide relevant authority

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addressing, in a filing of no more than six pages delivered to the Court on or before 5:00 p.m.

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on May 23, 2013, how releasing the kind of information that remains sealed “would harm

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Autonomy’s competitive position . . . [in] that Autonomy’s competitors would be interested

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in and could make competitive use of HP’s internal assessments and internal financial

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metrics for the Autonomy business,” Pforzheimer Decl. (dkt. 77-2) ¶¶ 3-4, and why that
interest (or another interest) amounts to a “compelling reason” overcoming the “strong

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presumption in favor of access to court records.” Foltz v. State Farm Mut. Auto. Ins., 331

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F.3d 1122, 1135 (9th Cir. 2003).

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IT IS SO ORDERED.

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Dated: May 20, 2013

CHARLES R. BREYER
UNITED STATES DISTRICT JUDGE

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United States District Court
For the Northern District of California

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G:\CRBALL\2012\6003\order re seal.wpd

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