Cave Consulting Group, Inc. v. OptumInsight, Inc.,

Filing 128

Order by Chief Magistrate Judge Joseph C. Spero denying 124 Administrative Motion to File Under Seal. Plaintiff shall file the materials at issue in the public record no earlier than September 27, 2016 and no later than October 3, 2016. (jcslc2S, COURT STAFF) (Filed on 9/23/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CAVE CONSULTING GROUP, INC.,

Case No. 15-cv-03424-JCS

Plaintiff,
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v.

ORDER DENYING ADMINISTRATIVE
MOTION TO FILE UNDER SEAL

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OPTUMINSIGHT, INC.,,

Re: Dkt. No. 124

Defendant.

United States District Court
Northern District of California

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On September 9, 2016, Plaintiff Cave Consulting Group, Inc. (“CCGroup”) filed an

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administrative motion to file certain materials under seal. See Admin. Mot. (dkt. 124).

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CCGroup’s only stated basis for sealing is that the material at issue was designated by Defendant

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OptumInsight, Inc. as “Confidential-Attorneys’ Eyes Only” or “Highly Confidential-Attorneys’

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Eyes Only” under the parties’ stipulated protective order. See Brophy Decl. (dkt. 124-1).

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Civil Local Rule 79-5(e) provides that when a party moves to file under seal on the basis

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that another party has designated material as confidential, “the Designating Party must file a

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declaration as required by subsection 79-5(d)(1)(A) establishing that all of the designated material

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is sealable” within four days. Civ. L.R. 79-5(e)(1). That time has expired and OptumInsight has

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not filed a responsive declaration. The administrative motion is therefore DENIED, and CCGroup

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is ORDERED to file the material at issue in the public record no earlier than September 27, 2016

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and no later than October 3, 2016. See Civ. L.R. 79-5(e)(2).

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IT IS SO ORDERED.
Dated: September 23, 2016
______________________________________
JOSEPH C. SPERO
Chief Magistrate Judge