Kapu Gems et al v. Diamond Imports, Inc. et al

Filing 139

ORDER DENYING PLAINTIFFS' MOTION TO FILE UNDER SEAL EXHIBITS 6 AND 7 IN SUPPORT OF THEIR MOTION FOR SUMMARY JUDGMENT; DIRECTIONS TO PLAINTIFFS. Plaintiffs are directed to file in the public record, no earlier than February 17, 2017, and no later than February 23, 2017, the entirety of Exhibits 6 and 7. Signed by Judge Maxine M. Chesney on 02/13/17. (mmclc2, COURT STAFF) (Filed on 2/13/2017)

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1 2 3 4 IN THE UNITED STATES DISTRICT COURT 5 FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 7 KAPU GEMS, et al., Plaintiffs, 8 9 10 v. DIAMOND IMPORTS, INC., et al., Defendants. 11 Case No. 15-cv-03531-MMC ORDER DENYING PLAINTIFFS’ MOTION TO FILE UNDER SEAL EXHIBITS 6 AND 7 IN SUPPORT OF THEIR MOTION FOR SUMMARY JUDGMENT; DIRECTIONS TO PLAINTIFFS United States District Court Northern District of California Re: Dkt. No. 106 12 13 Before the Court is plaintiffs’ administrative motion to file under seal, filed 14 November 4, 2016, pursuant to Civil Local Rule 79-5, by which plaintiffs seek permission 15 to file under seal the entirety of Exhibits 6 and 7 to the Affidavit of Anthony Paduano, filed 16 in support of plaintiffs’ motion for summary judgment. According to plaintiffs, Exhibits 6 17 and 7 have been designated confidential by defendants. Having read and considered the 18 administrative motion, the Court rules as follows. 19 Under the Local Rules of this District, where a party seeks to file under seal any 20 material designated as confidential by another party, the submitting party must file a 21 motion for a sealing order. See Civil L.R. 79-5(d)-(e). Thereafter, “[w]ithin 4 days of the 22 filing of the Administrative Motion to File Under Seal, the Designating Party must file a 23 declaration 24 79-5(e)(1). “If the Designating Party does not file a responsive declaration as required by 25 subsection 79-5(e)(1) and the Administrative Motion to File Under Seal is denied, the 26 Submitting Party may file the document in the public record no earlier than 4 days, and 27 no later than 10 days, after the motion is denied.” Id. at 79-5(e)(2). To date, no 28 responsive declaration has been filed by defendants. . . . establishing that all of the designated information is sealable.” Id. at 1 Accordingly, as defendants have not shown the above-referenced material is 2 confidential, plaintiffs’ motion for administrative relief is hereby DENIED, and plaintiffs are 3 hereby DIRECTED to file in the public record, no earlier than February 17, 2017, and no 4 later than February 23, 2017, the entirety of Exhibits 6 and 7. 5 6 IT IS SO ORDERED. 7 8 Dated: February 13, 2017 MAXINE M. CHESNEY United States District Judge 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

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