Opperman et al v. Path, Inc. et al

Filing 697

ORDER DENYING IN PART ADMINISTRATIVE MOTION TO FILE UNDER SEAL re 676 Administrative Motion to File Under Seal Exhibits 16 and 17 filed by Path, Inc. Signed by Judge Jon S. Tigar on April 26, 2016. (wsn, COURT STAFF) (Filed on 4/26/2016)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 MARC OPPERMAN, et al., Case No. 13-cv-00453-JST Plaintiffs, 8 v. 9 10 PATH, INC., et al., Defendants. ORDER DENYING IN PART ADMINISTRATIVE MOTION TO FILE UNDER SEAL Re: ECF No. 676 United States District Court Northern District of California 11 12 13 Defendant Path, Inc. moved to file under seal Exhibits 16 and 17 to the Declaration of Kathleen Lu in Opposition to Plaintiffs’ Motion for Class Certification. ECF No. 676. 14 The Court previously granted in part the motion to file under seal Exhibit 16 but deferred 15 ruling on Exhibit 17. ECF No. 693. The Court stated it would deny the motion as to Exhibit 17 16 should Redpoint Ventures not file a declaration in support of sealing by April 25, 2016. No 17 declaration has been filed in support of sealing. The Court accordingly denies Path’s motion to 18 file Exhibit 17 under seal. See Civil L.R. 79-5(e)(2) (“Within 4 days of the filing of the 19 Administrative Motion to File Under Seal, the Designating Party must file a declaration as 20 required by subsection 79-5(d)(1)(A) establishing that all of the designated material is sealable.”). 21 The Court will not consider Exhibit 17 unless Path files the document in the public record 22 within seven days from the date of this Order. The hearing date and briefing schedule on the 23 underlying motion for class certification shall remain as originally set. 24 25 26 27 28 IT IS SO ORDERED. Dated: April 26, 2016 ______________________________________ JON S. TIGAR United States District Judge

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