Simon and Simon, PC v. Align Technology, Inc.

Filing 254

ORDER by Judge Thomas S. Hixson granting 245 Administrative Motion to File Under Seal; denying 246 Administrative Motion to Consider Whether Another Party's Material Should Be Sealed. (tshlc1, COURT STAFF) (Filed on 1/17/2023)

Case 3:20-cv-03754-VC Document 254 Filed 01/17/23 Page 1 of 2

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SIMON AND SIMON, PC, et al.,
Plaintiffs,

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Re: Dkt. Nos. 245, 246
ALIGN TECHNOLOGY, INC.,
Defendant.

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United States District Court
Northern District of California

ORDER RE: MOTIONS TO SEAL

v.

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Case No. 20-cv-03754-VC (TSH)

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In ECF No. 245, Align moved to seal portions of a joint discovery letter brief, as well as

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Plaintiffs’ Exhibits 10 and 11 that were submitted in connection with the discovery letter brief.

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Exhibits 10 and 11 are Align-produced documents that Align designated as confidential under the

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terms of the protective order in this action. The Court grants Align’s motion to seal as to Exhibits

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10 and 11.

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In ECF No. 246, Align filed a motion to consider whether another party’s material should

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be sealed. The motion sought to seal portions of the same discovery letter brief as above, as well

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as Defendants’ Exhibits 2, 3, 4, 5, 6, 7 and 9. These Exhibits were produced by Plaintiffs, which
designated them as confidential under the protective order. Under Civil Local Rule 79-5(f)(3),
Plaintiffs had seven days to file a statement or declaration justifying the sealing of these
documents. The local rule specifies that “[a] failure to file a statement or declaration may result in
the unsealing of the provisionally sealed document without further notice to the Designating
Party.” Here, Plaintiffs did not file the required statement or declaration by the deadline.
Accordingly, the Court denies the motion to seal Exhibits 2, 3, 4, 5, 6, 7 and 9. The Court orders

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Align to file those Exhibits in the public record no sooner than five days from today and no later
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than ten days from today.
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Case 3:20-cv-03754-VC Document 254 Filed 01/17/23 Page 2 of 2

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The Court also orders Align to file in the public record a version of the discovery letter

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brief at ECF No. 247 that contains redactions only concerning Exhibits 10 and 11. The Court

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orders Align to do this no sooner than five days and no later than ten days from today.

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This order resolves ECF Nos. 245 and 246.

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IT IS SO ORDERED.

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Dated: January 17, 2023

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THOMAS S. HIXSON
United States Magistrate Judge

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United States District Court
Northern District of California

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