Doublevision Entertainment, LLC v. Navigators Specialty Insurance Company et al

Filing 44

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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/

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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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1.

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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