Karl Storz Endoscopy-America, Inc. v. Stryker Corporation et al

Filing 272

ORDER by Magistrate Judge Jacqueline Scott Corley granting 261 Administrative Motion to File Under Seal. (ahm, COURT STAFF) (Filed on 6/29/2017)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 KARL STORZ ENDOSCOPY-AMERICA, INC., 8 9 10 United States District Court Northern District of California 11 Plaintiff, v. Case No.14-cv-00876-RS (JSC) ORDER GRANTING MOTION TO FILE UNDER SEAL Re: Dkt. No. 261 STRYKER CORPORATION, et al., Defendants. 12 13 14 15 16 17 Plaintiff Kark Stroz-Endoscopy America, Inc. filed an administrative motion to file under seal Exhibits A and B to a Joint Discovery Letter Brief. (Dkt. No. 261.) The Ninth Circuit uses the “good cause” test for documents that a party obtained through discovery and attached to a non-dispositive motion. Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1179 (2006). Under Civil Local Rule 79–5(b) a party designating material as 18 confidential “must file a declaration as required by subsection 79–5(d)(1)(A) establishing that all 19 of the designated material is sealable.” Id. § 79–5(e)(1). “The work product doctrine, codified 20 in Federal Rule of Civil Procedure 26(b)(3), protects ‘from discovery documents and tangible 21 things prepared by a party or his representative in anticipation of litigation.’ ” In re Grand Jury 22 23 24 25 26 27 28 Subpoena, 357 F.3d 900, 906 (9th Cir. 2004). Plaintiff argues that the documents are confidential. The Court has reviewed Exhibits A and B in camera. Exhibit A, a legal analysis of whether Defendants’ camera infringes on a number of patents, is attorney work product. At the hearing held on June 23, 2017, the parties informed the Court that Exhibit B was a report prepared for attorneys. Therefore Exhibit B is an attorney-client privileged communication. 1 2 3 As a result, the Court concludes Exhibits A and B are attorney work product and grants Plaintiff’s motion to file under seal. This Order disposes of Docket No. 261. 4 5 6 IT IS SO ORDERED. Dated: June 28, 2017 7 8 JACQUELINE SCOTT CORLEY United States Magistrate Judge 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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