FreecycleSunnyvale v. The Freecycle Network

Filing 125

ORDER by Judge Claudia Wilken granting in part and denying in part 119 Amended Motion to File Documents Under Seal (scc, COURT STAFF) (Filed on 9/21/2007)

FreecycleSunnyvale v. The Freecycle Network

Doc. 125

Case 4:06-cv-00324-CW

Document 125

Filed 09/21/2007

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1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. THE FREECYCLE NETWORK, INC., an Arizona corporation, Defendant/Counterclaimant. / On September 6, 2007, Defendant and Counterclaimant the Freecycle Network filed a motion to file multiple exhibits to the declarations of Lisa Kobialka and Deron Beal under seal. Defendant FREECYCLESUNNYVALE, a California unincorporated association, Plaintiff/CounterclaimDefendant, No. C 06-00324 CW ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S AMENDED MOTION TO SEAL [DOCKET NO. 119] IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

filed a declaration in support of the motion stating only that the documents "contain information that The Freecycle Network and/or Plaintiff FreecycleSunnyvale consider to be confidential, proprietary, and/or trade secret information." Declaration at 2. Kobialka

The Court denied the motion without prejudice

and instructed Defendant to file an amended motion to seal and further declarations in support of the motion. done so. Defendant seeks to file under seal two categories of Defendant has now

Dockets.Justia.com

Case 4:06-cv-00324-CW

Document 125

Filed 09/21/2007

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1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

materials, emails posted on Defendant's modsquad message boards and documents created by Defendant's trademark team. Defendant states

that the modsquad message boards "are official forums" that "provide[] a private forum for moderators to discuss group challenges, vote on issues, debate community standards, and to share questions and experiences." Beal Declaration ¶ 2. However,

Beal notes that approximately 2600 volunteer moderators belong to the group. Further, there is no evidence that these volunteers are

instructed to keep the communications from the group private. Therefore, the Court DENIES Defendant's motion to file under seal exhibits 1, 3-5, 9-14, 16, 18-20, 26, 28-31, 33-39, 47, 50, 54, 56, 58, 59, 61, 66-69, 71, 72, 74, 76-87, 90-94, 97-101, 103 and 105109 to the Declaration of Lisa Kobialka and exhibits 8-11, 13, 15, 16, 20 and 23-41 to the declaration of Deron Beal. file these exhibits in the public record. The remaining documents that Defendants seek to file under seal are lists of groups it has identified as failing to comply with its policies. Beal declares that these lists are Defendant's The Court GRANTS Defendant's motion to Defendant shall

confidential information.

file under seal exhibits 88 and 89 to the Kobilaka Declaration and exhibits 42 and 43 to the Beal Declaration. Defendant shall

resubmit one copy of these documents to be filed under seal. IT IS SO ORDERED.

Dated: 9/21/07

CLAUDIA WILKEN United States District Judge

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