Livingston v. Art.com, Inc. et al

Filing 99

ORDER by Magistrate Judge Jacqueline Scott Corley granting 98 Administrative Motion to File Under Seal (ahm, COURT STAFF) (Filed on 1/15/2015) Modified on 1/15/2015 (ahm, COURT STAFF).

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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PETE LIVINGSTON,

Case No. 13-cv-03748-JSC

Plaintiff,
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v.
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ART.COM, INC., et al.,

United States District Court
Northern District of California

Defendants.

ORDER GRANTING
ADMINISTRATIVE MOTION TO FILE
UNDER SEAL
Re: Dkt. No. 98

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Presently before the Court is Plaintiff Pete Livingston’s administrative motion to file under

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seal the Royalty Report that the Court ordered Plaintiff to submit in support of its motion for

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default judgment. (Dkt. No. 98.) Plaintiff contends that sealing is appropriate because the

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Royalty Report contains the confidential sales records of Culturenik Publishing, Inc.—a defendant

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in the related action that the Court severed from this case. (Id. at 2; see also Dkt. No. 35.) In

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support of its motion to seal, Plaintiff highlights the declaration of Patrick Smith, which was

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submitted in the connection with summary judgment briefing in the related action. (Id.; see also

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Dkt. Nos. 56-2, 56-1 ¶ 3.) According to Smith, “[t]he royalty reports . . . are confidential to

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Culturenik, as they reveal sensitive information concerning the royalty rates paid by Culturenik for

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several of its products.” (Dkt. No. 56-1 ¶ 3.) In addition, Plaintiff notes that the Court previously

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allowed Plaintiff to file the Royalty Report under seal in the related litigation, finding a

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compelling reason to seal the document. (Id.; see Dkt. No. 57-4; Dkt. No. 64.) So it is here.

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Accordingly, the Plaintiff’s Administrative Motion is GRANTED. Exhibit A (Dkt. No.

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98-2) to Plaintiff’s Supplemental Brief and Administrative Motion to File Under Seal Royalty

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Report of Pete Livingston’s Declaration in Support of Plaintiff’s Motion for Default Judgment

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shall be filed under seal consistent with this Order.
IT IS SO ORDERED.
Dated: January 15, 2015
______________________________________
JACQUELINE SCOTT CORLEY
United States Magistrate Judge

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United States District Court
Northern District of California

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