Updateme Inc. v. Axel Springer SE et al

Filing 94

ORDER DENYING WITHOUT PREJUDICE MOTION TO SEAL 90 . (Illston, Susan) (Filed on 2/27/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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UPDATEME INC.,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 17-cv-05054-SI
ORDER DENYING WITHOUT
PREJUDICE MOTION TO SEAL

v.
AXEL SPRINGER SE, et al.,

Re: Dkt. No. 90

Defendants.

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On February 12, 2018, plaintiff filed an administrative motion to file under seal portions of

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its opposition to defendant’s motion to dismiss. Dkt. 90. In the administrative motion to seal and

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accompanying declaration of Steve Papazian, plaintiff states that it moves to seal portions of the

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opposition because it contains information that has been designated by defendant as “Highly

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Confidential — Attorneys’ Eyes Only.” Dkt. 90-1.

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Under Civil Local Rule 79-5(e), where “the Submitting Party is seeking to file under seal a

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document designated as confidential by the opposing party or a non-party pursuant to a protective
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order . . . [,] [w]ithin 4 days of the filing of the Administrative Motion to File Under Seal, the

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Designating Party must file a declaration as required by subsection 79-5(d)(1)(A) establishing that

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all of the designated material is sealable.” Defendant has not filed such a declaration. In addition,

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the declaration of Steve Papazian alone does not comply with Civil Local Rule 79-5(d)(1)(A), as

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that rule provides that “[r]eference to a stipulation or protective order that allows a party to

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designate certain documents as confidential is not sufficient to establish that a document, or

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portions thereof, are sealable.”

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Accordingly, the Court DENIES plaintiff’s motion to seal. This denial is without prejudice

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to a party filing the declaration required by Civil Local Rule 79-5(d)(1)(A) within seven days from

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the date this order is filed.

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IT IS SO ORDERED.
Dated: February 27, 2018
______________________________________
SUSAN ILLSTON
United States District Judge

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United States District Court
Northern District of California

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