Google Inc. v. SEVEN Networks, LLC

Filing 12

ORDER re 3 Administrative Motion to File Under Seal. Plaintiff shall serve this order on Defendant no later than August 23, 2016. Defendant shall file a response no later than September 6, 2017. Signed by Chief Magistrate Judge Joseph C. Spero on August 16, 2017. (jcslc2S, COURT STAFF) (Filed on 8/16/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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GOOGLE INC.,

Case No. 17-cv-04600-JCS

Plaintiff,
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v.
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SEVEN NETWORKS, LLC,
Defendant.

ORDER REGARDING
ADMINISTRATIVE MOTION TO FILE
UNDER SEAL
Re: Dkt. No. 3

United States District Court
Northern District of California

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Plaintiff Google Inc. moves to seal portions of its complaint on the basis that Google

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―understands Defendant SEVEN Networks LLC (―SEVEN‖) may consider [the information at

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issue] confidential.‖ Admin. Mot. (dkt. 3). Google does not itself ―maintain a claim of

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confidentiality over any portion of the Complaint.‖ Id.

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Although not directly applicable by its terms, the Court finds that Civil Local Rule 79-5(e)

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—which governs sealing motions related to documents designated as confidential under a

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protective order—provides an appropriate general framework to resolve the present motion.

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Accordingly, Google is ordered to serve a copy of this order on SEVEN by any means reasonably

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calculated to provide actual notice no later than August 23, 2017, and to file proof of service.

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SEVEN is ordered to file a declaration no later than September 6, 2017 setting forth ―compelling

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reasons‖ why some or all of the material at issue should be filed under seal. See Kamakana v. City

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& County of Honolulu, 447 F.3d 1172, 1178–79 (9th Cir. 2008); Civ. L.R. 79-5(d)(1)(A).

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Alternatively, SEVEN may file notice that it does not oppose filing the material at issue in the

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public record.

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IT IS SO ORDERED.
Dated: August 16, 2017

______________________________________
JOSEPH C. SPERO
Chief Magistrate Judge