King v. Hausfeld et al

Filing 23

ORDER by Judge 2/15/2013 Denying as Moot 5 Defendant's Ex Parte Application to Temporarily Seal Complaint. (emcsec, COURT STAFF) (Filed on 2/15/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JON T. KING,

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Plaintiff,

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v.

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For the Northern District of California

United States District Court

No. C-13-0237 EMC

MICHAEL D. HAUSFELD, et al.,

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Defendants.
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ORDER DENYING DEFENDANTS’ EX
PARTE APPLICATION TO
TEMPORARILY SEAL COMPLAINT
AS MOOT
(Docket No. 5)

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On January 18, 2013, Defendants filed an ex parte motion to temporarily seal the complaint

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in this case, alleging that the complaint contained confidential information about Defendants’

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clients, the firm’s finances, and litigation strategies in unrelated cases. Docket No. 5. The Court

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ordered the parties to meet and confer to attempt to reach stipulations as to which parts of the

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complaint, if any, should be redacted in the publicly available version of the document. Docket No.

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18.

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On February 13, Defendants filed a response to this Court’s order, indicating that Plaintiff

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had disseminated the complaint, that as a result the complaint was now available on the internet, and

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that the request to seal the complaint was now moot. Docket No. 21. It appears that part, if not all,

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of Plaintiff’s dissemination of the complaint occurred before Defendants filed their application to

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seal. Docket No. 5 at 3 n.2. Plaintiff filed a response on February 14, 2013. Docket No. 22.

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Plaintiff objects to Defendant’s response as procedurally improper and containing incorrect or

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misleading factual representations. Plaintiff does not, however, dispute that Defendant’s request to

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seal the complaint is now moot.

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As the parties appear to agree that Defendant’s request to seal the complaint is now moot,

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Defendants’ ex parte application to seal the complaint is DENIED. This Court makes no findings as

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to the timing or propriety of any actions on the part of Plaintiff in disseminating the complaint.

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This order disposes of Docket No. 5.

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IT IS SO ORDERED.

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Dated: February 15, 2013

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_________________________
EDWARD M. CHEN
United States District Judge

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For the Northern District of California

United States District Court

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