United Tactical Systems, LLC v. Real Action Paintball, Inc. et al

Filing 195

ORDER to Re-file Redacted Document [192-2] by 11/23/15. Signed by Judge Maria-Elena James on 11/16/2015. (mejlc2S, COURT STAFF) (Filed on 11/16/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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UNITED TACTICAL SYSTEMS, LLC,

Case No. 14-cv-04050-MEJ

Plaintiff,
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ORDER TO RE-FILE REDACTED
DOCUMENT

v.
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REAL ACTION PAINTBALL, INC., et al.,

Re: Dkt. Nos. 186, 192-2

Defendants.
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United States District Court
Northern District of California

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AND RELATED ACTION AND CROSS
ACTION

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In response to the Court’s recent Order concerning various Motions to Seal (Sealing Order,

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Dkt. No. 186), Real Action Paintball, Inc. (“Real Action”) re-filed a redacted version of its earlier

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filed Opposition to the Motions to Dismiss for Lack of Personal Jurisdiction (original Opp’n, Dkt.

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No. 131) as well as a document supporting that Opposition: a letter concerning the ATO-Sun

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agreement with proposed settlement terms (original letter, Dkt. No. 131-9). Dkt. Nos. 192-1

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(redacted letter), 192-2 (redacted Opp’n). In its Sealing Order, the Court found that the letter

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contains only one paragraph on the last page that constitutes sealable material and ordered Real

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Action to re-file this document, redacting only the following portion: on the last page of the letter

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(page 3), the second-to-last paragraph’s last line, starting with “Conrad” and concluding “by

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Plaintiff.” Sealing Order at 5-6. The Sealing Order also sealed a number of documents that Real

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Action had cited in its Opposition, and as such, the Court ordered Real Action to re-file the

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Opposition “in accordance with th[e Sealing] Order[.]” Id. at 7.

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Real Action properly re-filed a redacted form of the letter (Dkt. No. 192-1) but re-filed its
Opposition without redacting the very same language sealed and redacted in the letter. See Dkt.

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No. 192-2 at 7 (citing Exhibit 9 to Real Action’s Opp’n to Mots. to Dismiss for Lack of Personal

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Jurisdiction, i.e., Dkt. No. 131-9). The Court therefore seals that document at Dkt. No. 192-2 and

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ORDERS Real Action to re-file its Opposition in accordance with this Order and the Court’s

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previous Sealing Order—in other words, Real Action must redact its Opposition to ensure that

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nothing the Court has sealed is made public. Real Action must re-file this document by

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November 23, 2015.

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As a final note, if in the future any of the parties publicly file documents that the Court has

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sealed, the Court will consider sanctions, regardless of whether that filing was intentional or

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merely negligent. All parties must ensure that they fully comply with the Court’s Orders.

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IT IS SO ORDERED.

United States District Court
Northern District of California

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Dated: November 16, 2015
______________________________________
MARIA-ELENA JAMES
United States Magistrate Judge

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