Helio LLC v. Palm, Inc.

Filing 63

First MOTION to Seal re: Documents Supporting Opposition to Motion for Preliminary Injunction filed by Palm, Inc.. Motion Hearing set for 4/10/2007 01:00 PM. (Colt, Douglas) (Filed on 3/20/2007)

Helio LLC v. Palm, Inc.

Doc. 63

Case 4:06-cv-07754-SBA

Document 63

Filed 03/20/2007

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1 QUINN EMANUEL URQUHART OLIVER & HEDGES, LLP Claude M. Stern (Bar No. 96737) 2 Brian Cannon (Bar No. 193071) Doug Colt (Bar No. 210915) 3 Andrea Pallios Roberts (Bar No. 228128) [e-mail] 4 [e-mail] m [e-mail] m 5 [e-mail] m 555 Twin Dolphin Drive, Suite 560 6 Redwood Shores, California 94065-2139 Telephone: [phone] Facsimile: [phone] 8 Attorneys for Defendant Palm, Inc. 9 10 11 12 13 14 HELIO LLC 15 16 vs. Plaint iff, UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION CASE NO. C 06 7754 SBA __________________________ PALM'S ADMINISTRATIVE MOTION PURSUANT TO LOCAL RULE 79-5(B) TO FILE UNDER SEAL DOCUMENTS DESIGNATED ATTORNEYS-EYES ONLY

17 PALM, INC. 18 19 20 Defendant.

Defendant Palm, Inc. submits this administrative motion pursuant to Civil Local rule 79-

21 5(b) for an order to seal the following documents attached to the Declaration of Doug Colt in 22 support of Palm's opposition to plaintiff's motion for a preliminary injunction: 23 1. Exhibit 1 which is a true and correct copy of the transcript of the deposition of Julie

24 Patterson. 25 2. Exhibit 2 which is a true and correct copy of the transcript of the deposition of

26 Scott Hancock. 27 3. Exhibit 3 which is a true and correct copy of the transcript of the deposition of

28 Michael Zemetra.
51175/2083151.1

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Case No. C 06 7754 SBA PALM'S MOTION TO SEAL Dockets.Justia.com

Case 4:06-cv-07754-SBA

Document 63

Filed 03/20/2007

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1 2 Lee. 3

4.

Exhibit 4 which is a true and correct copy of the transcript of the deposition of Jae

5.

Exhibit 5 which is a true and correct copy of the transcript of the deposition of

4 Jessica Weeks. 5 6. Exhibit 7 which is a true and correct copy of a document marked E-HEL 1039-

6 1041, an internal Helio email regarding consumer perception of its "Don't Call it Phone" 7 campaign. 8 7. Exhibit 8 which is a true and correct copy of a document marked E-HEL 1534, an

9 internal Helio email regarding consumer perception of its "Don't Call it Phone" campaign. 10 8. Exhibit 11 which is a true and correct copy of a document marked E-HEL 414-415,

11 a DJ script for Helio's "Don't Call it a Phone" campaign. 12 9. Exhibit 12 which is a true and correct copy of a document marked E-HEL 14405, a

13 script for a Helio radio advertisement. 14 10. Exhibit 13 which is a true and correct copy of a document marked E-HEL 18832, a

15 script for a Helio radio advertisement. 16 11. Exhibit 15 which is a true and correct copy of a document marked E-HEL 9306, an

17 internal Helio email regarding its "Don't Call it a Phone" campaign. 18 12. Exhibit 16 which is a true and correct copy of a document marked E-HEL 633, a

19 Helio marketing document. 20 13. Exhibit 17 which is a true and correct copy of a document marked E-HEL 114, an

21 internal Helio email regarding page views online. 22 14. Exhibit 18 which is a true and correct copy of E-HEL 1-11, a Helio advertising

23 document. 24 Palm further requests an order to seal the following documents attached to the Declaration

25 of Scott Hancock in support of Palm's opposition to plaintiff's motion for a preliminary 26 injunction: 27 15. Exhibit A which is a true and correct copy of mock-ups prepared by AKQA in

28 January 2005 for Palm, bearing the theme line "Not a Cell Phone. A Treo."
51175/2083151.151175/20 81962.1

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Case No. C 06 7754 SBA PALM'S MOTION TO SEAL

Case 4:06-cv-07754-SBA

Document 63

Filed 03/20/2007

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1

Palm additional requests an order to seal the following document attached to the

2 Declaration of Julie Patterson in support of Palm's opposition to plaintiff's motion for a 3 preliminary injunction: 4 5 16. Exhibit A which is a true and correct copy of an AKQA creative brief.

This motion is supported by the accompanying declaration of Doug Colt in Support of

6 Palm's Administrative Motion pursuant to Local Rule 79-5(b) to File Under Seal Documents 7 Designated Attorneys' Eyes Only. 8 The exhibits referenced herein contain material designated as "Attorneys' Eyes Only"

9 pursuant to a pending protective order. Accordingly, pursuant to Local Rule 79-5(b), Palm is 10 concurrently lodging with the Court Exhibits . 11 As set forth in the Colt Declaration, Exhibits 1-5, 7-8, 11-13, and 15-18 of Mr. Colt's

12 declaration, Exhibit A to Mr. Hancock's declaration, and Exhibit A to Ms. Patterson's declaration 13 constitute "sealable" material within the meaning of Civil Local Rule 79-5(b). Palm respectively 14 requests that the Court order these documents filed under seal. 15 DATED: March 20 , 2007 16 17 18 19 20 21 22 23 24 25 26 27 28
51175/2083151.151175/20 81962.1

QUINN EMANUEL URQUHART OLIVER & HEDGES, LLP

By /s/ Claude M. Stern Claude Stern Attorneys for Defendant Palm, Inc.

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Case No. C 06 7754 SBA PALM'S MOTION TO SEAL