Sleep Science Partners Inc v. Lieberman et al

Filing 180

ORDER by Judge Claudia Wilken granting in part and denying in part 167 Administrative Motion to File Under Seal. (ndr, COURT STAFF) (Filed on 7/21/2011)

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Joseph Ehrlich SBN 84359
Mark R. Meyer SBN 238231
LOSCH & EHRLICH
425 California Street, Suite 2025
San Francisco, CA 94104
Telephone:
[phone]
Facsimile:
[phone]
E-mail: [e-mail]

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Heather G. Flick SBN 184206
THE FLICK GROUP
425 California Street, Suite 2025
San Francisco, CA 94104
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Plaintiff
Sleep Science Partners, Inc.

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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OAKLAND DIVISION
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SLEEP SCIENCE PARTNERS, INC., a
California corporation,

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Plaintiff,

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Case No. CV09-4200CW
Honorable Claudia Wilken
ORDER GRANTING IN PART AND
DENYING IN PART DEFENDANTS’
ADMINISTRATIVE MOTION TO SEAL

v.
KATRINA WEBSTER, an individual,
DANIEL WEBSTER, an individual, and
SLEEPING WELL, LLC, a Vermont limited
liability corporation, and DOES 1-10,

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Defendants.
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On July 7, 2011, Defendants filed an administrative motion to seal. Docket No. 167. On
July 14, 2011, Plaintiff, Plaintiff Sleep Science Partners, Inc. filed a declaration in support of the

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Order Re: Motion to Seal (Docket No. 167)
Case No. CV09-4200CW

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motion to seal. Based on the matters stated in the declaration of Heather Flick and good cause

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appearing, the Court orders as follows:

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The administrative motion to seal is GRANTED IN PART and DENIED IN PART, as
follows:
1. With respect to the Memorandum (Docket No. 168) filed by Defendants, the motion is

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a. GRANTED as to page and line numbers i:25; 2:4-7; 3:24-26; 4:13-19; 4:20-28;

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5:9-10; 5:11-15; 5:26-27; 6:10-11; 6:14-20; 6:22-7:11; 7:fn.4; 9:11-18; 19:3-4;

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19:6-13; 19:14-24; 20:5; 20:10-23; 20:25-21:2, and
b. DENIED as to page and line numbers 4:13-14; 5:3-7; 6:1-3; 6:3-7; 7:13-15; 7:16-

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20; 21:10-11; 21:14-16; 21:22-24; 22:2-3; 22, fn. 13; and 24:5-9
2. With respect to the exhibits attached to the Declaration of Gary L. Franklin (Docket No.
168-2) filed by Defendants, the motion is
a. GRANTED as to Exhibit 2, Document titled “The PureSleep Method”;
b. DENIED as to Exhibit 3;
c. GRANTED as to Exhibit 4, page and line numbers 63:16-64:8; 63:14-16; 63:20-

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22; 70:4-22:72:6-73:2; 73:6-25 and otherwise DENIED.

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d. GRANTED as to Exhibit 5, Deposition of Clark page and line numbers should be

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filed under seal: 4:9-11; 18:25-19:14; 20:3-20:20; 24:18-25; 25:1-15; 28:1-24 and

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otherwise DENIED;

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e. GRANTED as to Exhibit 6;
f. GRANTED as to Exhibit 7;

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g. GRANTED as to Exhibit 8;
h. GRANTED as to Exhibit 9, Deposition of McNeill, page and line numbers 37:1320; 37:22-25; 83:6-23; 84:3-6; 86:5-7; 87:2-8 and otherwise DENIED;
i. GRANTED as to Exhibit 10;

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Order Re: Motion to Seal (Docket No. 167)
Case No. CV09-4200CW

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j. GRANTED as to Exhibit 12, Deposition of Fenton page and line numbers: 19:5-

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21:25 and otherwise DENIED.
k. GRANTED as to Exhibit 13, SSP Policies and Procedures Document.

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l. GRANTED as to Exhibit 14, Deposition of Welker, pages and line numbers

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366:18-19; 367:21-22; 368:7-9; 368:15-17; 368:20-24; 370:1-7; 370:18-24;
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371:12-14, otherwise DENIED;

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m. GRANTED as to Exhibit 18;

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n. DENIED as to Exhibit 21, Deposition of Thomas;

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o. GRANTED as to Exhibit 22, Plaintiff’s Response to Defendants’ Interrogatories
(Set One) Marked Highly Confidential Answer No. 2, Answer No. 17, lines 10-

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18, and Answer No. 18, otherwise DENIED; and
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p. GRANTED as to Exhibit 23 to 26.
3. With respect to the Declaration of Katrina Webster (Docket No. 169):
a. GRANTED as to all of the portions of Katrina Webster’s declaration lodged

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under seall

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b. GRANTED as to Exhibit 3; and

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c. GRANTED as to Exhibit 9
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4.

With respect to the Declaration of Daniel Webster (Docket No. 170) the motion is
GRANTED as to page 2, lines 9-12.

5. With respect to the Declaration of Mary Kate Scott (Docket No. 172):
a. GRANTED as to paragraphs 3, 6, 7, 9, 10, 11, 12, 13, 14, 16, 18, 21, 22-47,
including the headings written in bold.

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b. GRANTED as to Exhibit B;
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c. GRANTED as to Exhibit C, pages and lines 34:9; 37:21-22; 27:12-25; 28:1-6;
28:16-19; 28:23-24; 29:1-3; 29:11-25; and
d. Otherwise DENIED
To the extent that Defendants’ motion is granted with respect to portions of documents

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Order Re: Motion to Seal (Docket No. 167)
Case No. CV09-4200CW

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and denied as to others, Defendants shall electronically file appropriately redacted versions of the

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documents in the public record and unredacted versions under seal. To the extent that

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Defendants are granted leave to file under seal documents in their entirety, Defendants shall

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electronically file them under seal. To the extent that Defendants’ motion is denied, they shall

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electronically file the documents in the public record. Defendants shall comply with this Order

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within three days of the date it is issued.

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Dated:

7/21/2011

_____________________________
Hon. Claudia Wilken
United States District Judge

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Order Re: Motion to Seal (Docket No. 167)
Case No. CV09-4200CW