Kapu Gems et al v. Diamond Imports, Inc. et al
Filing
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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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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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KAPU GEMS, et al.,
Plaintiffs,
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v.
DIAMOND IMPORTS, INC., et al.,
Defendants.
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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
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Before the Court is plaintiffs’ administrative motion to file under seal, filed
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November 4, 2016, pursuant to Civil Local Rule 79-5, by which plaintiffs seek permission
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to file under seal the entirety of Exhibits 6 and 7 to the Affidavit of Anthony Paduano, filed
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in support of plaintiffs’ motion for summary judgment. According to plaintiffs, Exhibits 6
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and 7 have been designated confidential by defendants. Having read and considered the
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administrative motion, the Court rules as follows.
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Under the Local Rules of this District, where a party seeks to file under seal any
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material designated as confidential by another party, the submitting party must file a
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motion for a sealing order. See Civil L.R. 79-5(d)-(e). Thereafter, “[w]ithin 4 days of the
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filing of the Administrative Motion to File Under Seal, the Designating Party must file a
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declaration
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79-5(e)(1). “If the Designating Party does not file a responsive declaration as required by
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subsection 79-5(e)(1) and the Administrative Motion to File Under Seal is denied, the
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Submitting Party may file the document in the public record no earlier than 4 days, and
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no later than 10 days, after the motion is denied.” Id. at 79-5(e)(2). To date, no
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responsive declaration has been filed by defendants.
. . . establishing that all of the designated information is sealable.” Id. at
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Accordingly, as defendants have not shown the above-referenced material is
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confidential, plaintiffs’ motion for administrative relief is hereby DENIED, and plaintiffs are
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hereby DIRECTED to file in the public record, no earlier than February 17, 2017, and no
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later than February 23, 2017, the entirety of Exhibits 6 and 7.
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IT IS SO ORDERED.
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Dated: February 13, 2017
MAXINE M. CHESNEY
United States District Judge
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United States District Court
Northern District of California
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