Snow v. Align Technology, Inc.

Filing 42

ORDER by Judge Thomas S. Hixson denying 35 Administrative Motion to File Under Seal; denying 37 Administrative Motion to File Under Seal. (tshlc1, COURT STAFF) (Filed on 11/16/2022)

Case 3:22-mc-80258-VC Document 42 Filed 11/16/22 Page 1 of 1

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MISTY SNOW,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 22-mc-80258-VC (TSH)
ORDER DENYING MOTIONS TO
SEAL

v.
ALIGN TECHNOLOGY INC,

Re: Dkt. Nos. 35 , 37

Defendant.

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On November 2, 2022, Plaintiffs filed two motions to consider whether another party’s

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materials should be sealed. ECF Nos. 35, 37. Both motions stated that Align and

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SmileDirectClub (“SDC”) had designated the materials at issue as confidential. Both motions

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were accompanied by a certificate of service showing they were served on Align and SDC. Under

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Civil Local Rule 79-5(f)(3), Align and SDC had seven days to file a statement or declaration to

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support a request to seal. The rule further provides that “[a] failure to file a statement or

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declaration may result in the unsealing of the provisionally sealed document without further notice

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to the Designating Party.” Fourteen days have passed, and neither Align nor SDC has filed the

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required statement or declaration. Accordingly, the motions to seal are denied. The Court orders

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Plaintiffs to file the materials at issue in the public record no sooner than five days and no later

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than 10 days from today

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IT IS SO ORDERED.

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Dated: November 16, 2022

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THOMAS S. HIXSON
United States Magistrate Judge