Fresenius USA, Inc. et al v. Baxter International Inc. et al

Filing 1110

ORDER by Judge Hamilton denying 1109 Administrative Motion to File Under Seal (pjhlc1, COURT STAFF) (Filed on 7/28/2011)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 NORTHERN DISTRICT OF CALIFORNIA 8 9 11 For the Northern District of California United States District Court 10 FRESENIUS USA, INC., et al., 12 13 Plaintiff, v. 14 ORDER DENYING MOTION TO FILE DOCUMENTS UNDER SEAL BAXTER INTERNATIONAL INC., et al., 15 No. C 03-1431 PJH Defendant. _______________________________/ 16 17 The court is in receipt of a motion for an order permitting the filing under seal of the 18 Declaration of R. Bruce Den Uyl, and Exhibits A-C and E-G of the Declaration of Sanjay K. 19 Murthy, both filed with the reply of defendants and counter-claimants Baxter International, 20 Inc., and Baxter Healthcare Corporation (“Baxter”) in support of their motion for decision on 21 limited remand issues. 22 Baxter asserts that the documents were designated “Confidential” or “Highly 23 Confidential” under the protective order in this case, and that they contain sensitive 24 proprietary information of plaintiffs and counterdefendants Fresenius Medical Care 25 Holdings, Inc., and Fresenius USA, Inc. (“Fresenius”). 26 Under the Civil Local Rules of this court, 27 [i]f a party wishes to file a document that has been designated confidential by another party pursuant to a protective order, . . . the submitting party must file and serve an Administrative Motion for a sealing order and lodge the document, memorandum or other filing in accordance with this rule. . . . 28 1 2 3 Within 7 days thereafter, the designating party must file with the Court and serve a declaration establishing that the designated information is sealable, and must lodge and serve a narrowly tailored proposed sealing order, or must withdraw the designation of confidentiality. If the designating party does not file its responsive declaration as required by this subsection, the document or proposed filing will be made part of the public record. 4 Civil L.R. 79-5(d). 5 Baxter filed its motion to permit filing under seal on July 13, 2011. Fresenius’ 6 declaration was due on July 20, 2011. No declaration has been filed. Accordingly, the 7 motion is DENIED. Baxter shall file the documents in the public record, and shall provide 8 the court with a complete and unredacted version of the Den Uyl Declaration and the 9 Murthy Declaration. 11 For the Northern District of California United States District Court 10 IT IS SO ORDERED. 12 Dated: July 28, 2011 13 ______________________________ PHYLLIS J. HAMILTON United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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