Brilliant Instruments, Inc. v. GuideTech, Inc.

Filing 193

ORDER REGARDING 189 MOTION OF BRILLIANT INSTRUMENTS, INC. FOR LEAVE TO FILE UNDER SEAL EXHIBITS F, G AND Q TO THE LATHRAM DECLARATION. Signed by Judge Claudia Wilken on 11/14/2011. (ndr, COURT STAFF) (Filed on 11/14/2011)

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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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No. C 09-5517 CW

Plaintiff,
v.
GUIDETECH, INC.,
Defendant.
________________________________/

United States District Court
For the Northern District of California

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AND ALL RELATED COUNTERCLAIMS
/

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ORDER REGARDING
MOTION OF
BRILLIANT
INSTRUMENTS, INC.
FOR LEAVE TO FILE
UNDER SEAL
EXHIBITS F, G AND
Q TO THE LATHRAM
DECLARATION
(Docket No. 189)

On November 1, 2011, Plaintiff and Counter-Defendant

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Brilliant Instruments, Inc. filed a motion pursuant to Local Rule

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79-5 seeking authorization to file under seal Exhibits F, G and Q

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to the Declaration of Thomas W. Lathram, submitted in support of

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its Reply in Further Support of its Motion for Attorneys’ Fees and

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Non-Taxable Costs.

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offered a declaration that states that the exhibits have been

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designated as “Confidential” or “Highly Confidential-Attorney’s

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Eyes Only” by Defendant and Counter-Claimant GuideTech, LLC

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pursuant to the protective order in this case.

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In support of its motion to seal, Movant

Lathram Decl. ¶ 3.

Because the public interest favors filing all court documents

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in the public record, any party seeking to file a document under

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seal must demonstrate good cause to do so.

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Creditors Ass’n, 605 F.3d 665, 678 (9th Cir. 2010).

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be established simply by showing that the document is subject to a

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Pintos v. Pac.
This cannot

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protective order or by stating in general terms that the material

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is considered to be confidential, but rather must be supported by

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a sworn declaration demonstrating with particularity the need to

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file each document under seal.

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document has been designated as confidential by another party,

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that party must file a declaration establishing that the document

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is sealable within seven days after the motion to seal was filed.

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Civ. Local R. 79-5(d).

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responsive declaration, the document or proposed filing will be

United States District Court
For the Northern District of California

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See Civil L.R. 79-5(a).

If a

If the designating party does not file its

made part of the public record.

Id.

GuideTech, LLC, as the party designating the material as

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confidential, has not yet filed a responsive declaration in

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support of Brilliant Instruments, Inc.’s motion to seal.

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three days of this order, GuideTech, LLC shall file a declaration

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in support of the motion to seal.

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particularity good cause to file each exhibit under seal in light

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of Local Rule 79-5 and applicable law.

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Within

The declaration must state with

If GuideTech, LLC fails to file its responsive declaration as

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required by this order, the exhibits will be made part of the

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public record.

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In the future, all parties must follow Local Rule 79-5 and
these procedures.
IT IS SO ORDERED.

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Dated: 11/14/2011

CLAUDIA WILKEN
United States District Judge

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