Facebook, Inc. et al v. OnLineNic Inc et al

Filing 330

ORDER RE: PENDING MOTIONS TO SEAL (Illston, Susan) (Filed on 6/6/2023)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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FACEBOOK, INC., et al.,
Plaintiffs,

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United States District Court
Northern District of California

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Case No. 19-cv-07071-SI
ORDER RE: PENDING MOTIONS TO
SEAL

v.
ONLINENIC INC, et al.,
Defendants.

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The Court has before it multiple motions to seal, including supplemental motions and several

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errata, filed in conjunction with plaintiffs’ motion to strike defendant’s answer and for entry of

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default against defendant Xiamen 35.com Internet Technology Co., Ltd. (“35.CN”). See Dkt. Nos.

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299, 300, 302, 319, 321, 325. The interested parties have weighed in on some, but not all, of the

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pending motions to seal. Moreover, some of the line numbering in the sealing motions does not

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correspond to the text sought to be sealed in the documents themselves.

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The Court therefore orders as follows.

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Re: Plaintiffs’ Motion to Strike

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The Court is in receipt of the sealing motion (Dkt. No. 300) and supplemental motion (Dkt.

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No. 302) that plaintiffs filed in connection with their motion to strike. The Court is also in receipt

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of declarations re: the sealing motions, from 35.CN (Dkt. No. 310) and the OnlineNIC defendants

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(Dkt. No. 312), as well as from interested party Internet Corporation for Assigned Names and

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Numbers (“ICANN”) (Dkt. No. 309); as well as plaintiffs’ response (Dkt. No. 314).

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Of note, the OnlineNIC defendants have no objection to certain material being unsealed, but

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they have been unable to address whether other material should be sealed because certain page and

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line references in the sealing motion do not correspond to what is sealed in the underlying document.

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See Dkt. No. 312 at 3-5.

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Accordingly, no later than June 12, 2023, plaintiffs shall file an amended proposed order

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for the sealing motion on the motion to strike, correcting the line numbering for the portions

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indicated in the Narancic declaration at Dkt. No. 312 at 3-5. Plaintiffs shall also include reference

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to “Motion at 8:13-14,” which it appears plaintiffs inadvertently omitted from the prior proposed

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order. No later than June 20, 2023, the OnlineNIC defendants shall file a supplemental statement

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and/or declaration stating their position on the portions of the sealing motion that they did not

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previously address, and the reasons (if any) why the material should be sealed.

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United States District Court
Northern District of California

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Re: 35.CN’s Opposition Brief

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The Court is in receipt of the motion to seal documents in connection with 35.CN’s

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opposition brief (Dkt. Nos. 319, 321) as well as plaintiffs’ response (Dkt. No. 323). The OnlineNIC

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defendants and ICANN have not filed declarations with regard to the 35.CN sealing motion, despite

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the fact that 35.CN has filed material under seal because it was designated as confidential by either

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the OnlineNIC defendants or ICANN.

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Accordingly, no later than June 20, 2023, the OnlineNIC defendants and ICANN shall file

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statements and/or declarations stating their positions on the sealing motion re: 35.CN’s opposition

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brief. If they do not do so, the Court may order the relevant material unsealed, in accordance with

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Civil Local Rule 79-5(f)(3).

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Re: Plaintiffs’ Reply Brief

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The Court is in receipt of the sealing motion in connection with plaintiffs’ reply brief (Dkt.

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No. 325), as well as corresponding declarations from 35.CN (Dkt. No. 328) and ICANN (Dkt. No.

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326). The OnlineNIC defendants have not filed a declaration with regard to the 35.CN sealing

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motion, although 35.CN has filed material under seal because it was designated as confidential by

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the OnlineNIC defendants. 35.CN notes that plaintiffs’ proposed order at Dkt. No. 325-1 lists page

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and line references in the sealing motion that do not always correspond to what is sealed in the
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underlying document. See Dkt. No. 328 at 1 n.2.

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Accordingly, no later than June 12, 2023, plaintiffs shall file an amended proposed order

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for the sealing motion on the reply brief, correcting the line numbering as needed, for material

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designated as confidential by either 35.CN or the OnlineNIC defendants. No later than June 20,

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2023, the OnlineNIC defendants shall file a statement and/or declaration stating their position on

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the sealing motion re: plaintiff’s reply brief. If the OnlineNIC defendants do not do so, the Court

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may order the relevant material unsealed, in accordance with Civil Local Rule 79-5(f)(3).

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United States District Court
Northern District of California

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IT IS SO ORDERED.
Dated: June 6, 2023
______________________________________
SUSAN ILLSTON
United States District Judge

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