Morton & Bassett, LLC-V-Organic Spices Inc

Filing 71

ORDER by Judge Haywood S. Gilliam, Jr. STRIKING DEFENDANT AND COUNTERCLAIMANTS 52 ADMINISTRATIVE MOTION TO FILE UNDER SEAL.(ndrS, COURT STAFF) (Filed on 11/21/2016)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
MORTON & BASSETT, LLC,

7

Case No. 15-cv-01849-HSG

Plaintiff,
8
v.
9
ORGANIC SPICES, INC.,

10

Defendant.

ORDER STRIKING DEFENDANT AND
COUNTERCLAIMANT’S
ADMINISTRATIVE MOTION TO FILE
UNDER SEAL
Re: Dkt. Nos. 52 to 52-23

United States District Court
Northern District of California

11
On March 10, 2016, Defendant and Counterclaimant Organic Spices, Inc. dba Spicely

12
13

Organic (“Organic Spices”) filed a motion to dismiss, or alternatively to strike, the first amended

14

complaint (“FAC”) of Plaintiff and Counter-Defendant Morton & Bassett, LP (“M&B”).1 Dkt.

15

No. 40. On June 16, 2016, Organic Spices filed a motion for summary judgment on M&B’s FAC.

16

Dkt. No. 51. On June 17, 2016, Organic Spices filed an administrative motion to file under seal its

17

motion for summary judgment on M&B’s FAC, along with a related declaration and exhibits.

18

Dkt. Nos. 52 to 52-23. On June 20, 2016, the Court held Organic Spices’ motion for summary

19

judgment in abeyance pending the Court’s order on Organic Spices’ motion to dismiss or

20

alternatively to strike M&B’s FAC. Dkt. No. 54. On September 6, 2016, the Court granted in part

21

and denied in part Organic Spices’ motion to dismiss, and denied Organic Spices’ motion to strike.

22

Dkt. No. 55. On October 6, 2016, M&B filed its second amended complaint (“SAC”). Dkt. No.

23

62. On October 28, 2016, Organic Spices filed a motion for summary judgment on M&B’s SAC.

24

Dkt. No. 66.

25

Organic Spices motion for summary judgment on M&B’s FAC is now moot. Therefore,

26

the Court hereby STRIKES Organic Spices’ administrative motion to file under seal its motion

27
28

1

Morton & Bassett, LP was earlier referred to in this case as Morton & Bassett, LLC.

1

for summary judgment on M&B’s FAC, along with the related declaration and exhibits. Dkt. Nos.

2

52 to 52-23.

3
4
5
6

IT IS SO ORDERED.
Dated: 11/21/2016
______________________________________
HAYWOOD S. GILLIAM, JR.
United States District Judge

7
8
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