Pinterest, Inc. v. Pintrips, Inc.

Filing 104

Order by Magistrate Judge Kandis A. Westmore denying 103 Administrative Motion to File Under Seal.(kawlc2S, COURT STAFF) (Filed on 11/7/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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PINTEREST, INC.,

Case No. 13-cv-04608-RS (KAW)

Plaintiff,
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v.

ORDER DENYING ADMINISTRATIVE
MOTION TO FILE UNDER SEAL

United States District Court
Northern District of California

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PINTRIPS, INC.,

Re: Dkt. No. 103

Defendant.
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Plaintiff Pinterest, Inc. moves to file four exhibits to its motion for sanctions under seal.
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(Pl.'s Mot., Dkt. No. 103.) These exhibits include a list of investors and potential investors,
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portions of deposition transcripts, and responses to interrogatories. (Pl.'s Mot., Exs. G-I, K.)
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Plaintiff brings the motion for the sole reason that the exhibits "contain information disclosed
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during discovery that Defendant . . . designated as 'Highly Confidential – Attorneys' Eyes Only.'"

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(Id. at 1, 2.) This, however, is insufficient to establish that these documents should be filed under
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seal. See Civil L.R. 79-5(b). Reference to a stipulation or protective order that allows a party to
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designate certain documents as confidential is not sufficient to establish that a document, or
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portions thereof, are sealable. See Civil L.R. 79-5(d)(1)(A). Moreover, Defendant has not, as
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required by Civil Local Rule 79-5(e)(1), filed "a declaration . . . establishing that all of the

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designated material is sealable."1 Accordingly, the instant motion is denied.
IT IS SO ORDERED.

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Dated: 11/07/2014
______________________________________
KANDIS A. WESTMORE
United States Magistrate Judge

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United States District Court
Northern District of California

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In her declaration in support of the motion, Plaintiff's counsel states: "On October 24, 2014, at
2:42 PM, Counsel for Pinterest sent Counsel for Pintrips an email requesting his position as to this
Motion. As of the time of filing, Counsel for Pintrips stated that he could not express a position."
Pl.'s Mot., Dkt. No. 103-1. The Court's CM/ECF system shows that Plaintiff filed the instant
motion on October 28, 2014 at 4:14 p.m.
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