Brilliant Instruments, Inc. v. GuideTech, Inc.

Filing 181

ORDER REGARDING 176 MOTION OF GUIDETECH LLC FOR LEAVE TO FILE UNDER SEAL THE DECLARATION OF SASSAN TABATABAEI. Signed by Judge Claudia Wilken on 10/21/2011. (ndr, COURT STAFF) (Filed on 10/21/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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BRILLIANT INSTRUMENTS, INC.,

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United States District Court
For the Northern District of California

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No. C 09-5517 CW

Plaintiff,

ORDER REGARDING
MOTION OF
GUIDETECH LLC FOR
LEAVE TO FILE
UNDER SEAL THE
DECLARATION OF
SASSAN TABATABAEI
(Docket No. 176)

v.
GUIDETECH, INC.,
Defendant.
________________________________/
AND ALL RELATED COUNTERCLAIMS
/

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Pursuant to Local Rule 79-5, Defendant and Counter-Claimant

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GuideTech LLC moves for authorization to file under seal the

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Declaration of Sassan Tabatabaei, submitted in support of

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GuideTech LLC’s Opposition to Plaintiff and Counter-Defendant

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Brilliant Instruments, Inc.’s Motion for Attorney Fees and Non-

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Taxable Costs.

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which is attached to the declaration.

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Movant offers a declaration that states that the document

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“contains sensitive proprietary information of [Brilliant

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Instruments, Inc.] regarding its accused products that are: (1)

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proprietary and confidential; (2) has not been disclosed to the

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public; (3) has been designated as ‘Confidential’ or ‘Highly

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Confidential-Attorney’s Eyes Only’ and (4) could, if disclosed to

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the public, cause harm to the third parties.”

Movant does not seek to file under seal Exhibit 1,
In support of its motion,

Chin Decl. ¶ 4.

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Local Rule 79-5(d) provides that, when a party files an

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administrative motion seeking to submit material under seal that

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another party to the action has designated as confidential, the

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designating party must file a declaration establishing that the

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information is sealable within seven days after the motion was

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filed.

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file its responsive declaration, the document or proposed filing

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will be made part of the public record.

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Civil L.R. 79-5(d).

If the designating party does not

Id.

Accordingly, within seven days of October 19, 2011, as the

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party designating the material as confidential, Brilliant

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Instruments, Inc. shall file a declaration in support of the

United States District Court
For the Northern District of California

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motion to seal.

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good cause to file the document under seal in light of Local Rule

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79-5 and applicable law.

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The declaration must state with particularity

If Brilliant Instruments, Inc. fails to file their responsive

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declarations as required by Local Rule 79-5(d), the document or

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proposed filing will be made part of the public record.

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IT IS SO ORDERED.

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Dated: 10/21/2011

CLAUDIA WILKEN
United States District Judge

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