Petroliam Nasional Berhad v. GoDaddy.com, Inc.

Filing 124

Declaration of Nima Kelly in Support of 119 Administrative Motion to File Under Seal Motion for Partial Summary Judgment and Appendix in Support filed byGoDaddy.com, Inc.. (Attachments: # 1 Declaration Greg Schwimer ISO Plaintiff's Administrative Motion to Seal, # 2 Proposed Order, # 3 Exhibit A Part 1 to Proposed Order, # 4 Exhibit A Part 2 to Proposed Order, # 5 Exhibit A Part 3 to Proposed Order, # 6 Exhibit A Part 4 to Proposed Order, # 7 Exhibit A Part 5 to Proposed Order, # 8 Exhibit A Part 6 to Proposed Order, # 9 Exhibit A Part 7 to Proposed Order)(Related document(s) 119 ) (Slafsky, John) (Filed on 11/9/2011)

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1 2 3 4 5 6 7 8 JOHN L. SLAFSKY, State Bar No. 195513 DAVID L. LANSKY, State Bar No. 199952 HOLLIS BETH HIRE, State Bar No. 203651 WILSON SONSINI GOODRICH & ROSATI PROFESSIONAL CORPORATION 650 Page Mill Road Palo Alto, CA 94304 Telephone: (650) 493-9300 Fax: (650) 493-6811 jslafsky@wsgr.com dlansky@wsgr.com hhire@wsgr.com Attorneys for Defendant GODADDY.COM, INC. 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 12 PETROLIAM NASIONAL BERHAD, 13 Plaintiff, 14 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) vs. 15 GODADDY.COM, INC., 16 Defendant. 17 18 19 20 21 22 23 GODADDY.COM, INC., Counterclaimant, vs. PETROLIAM NASIONAL BERHAD, Counterclaim Defendant. 24 25 26 27 28 [PROPOSED] ORDER GRANTING IN PART MOTION TO SEAL Case No. 4:09-cv-05939-PJH -1- CASE NO.: 09-CV-5939 PJH [PROPOSED] ORDER GRANTING IN PART PLAINTIFF’S ADMINISTRATIVE MOTION TO SEAL Date: Time: Courtroom: December 7, 2011 9:00 a.m. 3 Honorable Phyllis J. Hamilton 1 The Court has considered the papers and evidence presented in connection with Plaintiff’s 2 Administrative Motion to File Under Seal (“Motion to Seal”) filed in connection with its Motion 3 for Partial Summary Judgment. The Court has determined that, in light of the declarations of 4 Nima Kelly and Greg Schwimer filed by GoDaddy.com, Inc. (“Go Daddy”) in support of 5 Plaintiff’s Motion to Seal, compelling reasons exist for sealing (1) Go Daddy’s standard operating 6 procedure for dealing with trademark claims (“SOP”) found at pages 165-173 of Plaintiff’s 7 appendix in support of its Motion for Partial Summary Judgment (“Appendix”), and (2) portions 8 of the transcript of the October 19, 2011 deposition of Jeff Munson found on page 11 at lines 4-10 9 and 14-16, page 13 at lines 9-13, page 14 at lines 7-24, page 16 at lines 1-25, page 17 at lines 1-4, 10 page 19 at lines 6-9 and 22-24, page 22 at lines 6-8, page 23 at lines 3-7and 17-25, and all of 11 pages 24-26, which are located within pages 187-190 of the Appendix (the “Munson excerpts”). 12 The Court notes that many of the Munson excerpts were not cited in Plaintiff’s Motion for Partial 13 Summary Judgment. 14 IT IS HEREBY ORDERED that the Motion is GRANTED IN PART AND DENIED IN 15 PART. This Court finds compelling reasons exist for sealing: (1) the SOP found at pages 165-173 16 of the Appendix and (2) portions of the transcript of the October 19, 2011 deposition of Jeff 17 Munson found on page 11 at lines 4-10 and 14-16, page 13 at lines 9-13, page 14 at lines 7-24, 18 page 16 at lines 1-25, page 17 at lines 1-4, page 19 at lines 6-9 and 22-24, page 22 at lines 6-8, 19 page 23 at lines 3-7and 17-25, and all of pages 24-26 which are located within pages 187-190 of 20 the Appendix. The clerk is hereby instructed, consistent with this Order, to enter in the record the 21 public version of Plaintiff’s appendix in support of its Motion for Partial Summary Judgment 22 which is attached hereto as Exhibit A. 23 24 Dated: ___________________ ___________________________ 25 Phyllis J. Hamilton United States District Judge 26 27 28 [PROPOSED] ORDER GRANTING IN PART MOTION TO SEAL Case No. 4:09-cv-05939-PJH -2-

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