Doublevision Entertainment, LLC v. Navigators Specialty Insurance Company et al
Filing
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ORDER UNSEALING PLAINTIFF'S OPPOSITION IN PART. Signed by Judge Alsup on 2/2/2015. (whalc2, COURT STAFF) (Filed on 2/2/2015)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California
United States District Court
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DOUBLEVISION ENTERTAINMENT, LLC,
a Tennessee limited liability company, as
assignee of Commercial Escrow Services,
Inc., a California corporation, and Antoinette
Hardstone, an individual,
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Plaintiff,
No. C 14-02848 WHA
ORDER UNSEALING
PLAINTIFF’S OPPOSITION
IN PART
v.
NAVIGATORS SPECIALTY INSURANCE
COMPANY, a New York Corporation,
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Defendant.
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Defendant Navigators Specialty Insurance Company moved for a protective order in this
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matter. Navigators requested limitations on discovery and admissibility based on California’s
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mediation privilege. In response, plaintiff filed an opposition, declarations, and exhibits that
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contained materials allegedly protected by this privilege. Navigators moved to seal based on the
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mediation privilege alone. Out of an abundance of caution, the relevant excerpts of plaintiff’s
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opposition, declarations, and exhibits were sealed pending resolution of the parties’ dispute over
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the mediation privilege and subject to further order. An order issued resolving the parties’
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discovery dispute and setting forth the parameters of the mediation privilege for the purposes of
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this matter. As the undersigned has now concluded that the mediation privilege does not protect
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most of the materials provisionally placed under seal, this order holds that there is not good cause
to seal materials other than those explicitly listed herein (Dkt. Nos. 34–43).
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Of the previously sealed excerpts, only the following shall remain under seal.
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Doublevision’s Opposition Brief.
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ECF Page 6, lines 2–5, “Emails . . . Ex. 7.”; lines 9-10, “At . . . Ex. 8.”
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ECF Pages 8–9, footnote 1, “Eric Moon will . . . the mediation,”;
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“In fact . . . Ex. 7.”
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2.
Declaration of Ryan Lapine.
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¶ 7, “after Doublevision . . . later date.”
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¶ 8, “NSIC did . . . the mediation.”
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¶ 9, “Our next . . . you as well.”
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Exhibits.
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For the Northern District of California
United States District Court
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Exhibit 7, Olson email, “Toni and Sam . . . you do so.”
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Exhibit 8, bates pages 56905–56908, “As to . . . as it saw fit.”
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Exhibit 13, Olson email, “That being said . . . December 5?”
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4.
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Declaration of William Kunkel.
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5.
¶¶ 3–4 in toto
Declaration of Antoinette Hardstone.
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¶ 3, “While Judge . . . Ryan Lapine,”
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¶ 4, “At mediation . . . Mr. Olson.”
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¶ 5, “Instead . . . liability.”
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NAVIGATORS SHALL e-file under seal a new version of docket number 35 — redacting
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only the excerpts explicitly identified herein — by MONDAY, FEBRUARY 9, 2015. Navigators
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shall lodge redacted and unredacted chambers copies with the clerk. Upon further review, the
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undersigned will order the clerk to docket the newly redacted version of plaintiff’s opposition
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briefing in place of docket number 41, such that only the excerpts identified herein remain under
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seal.
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IT IS SO ORDERED.
Dated: February 2, 2015
WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE
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