Petroliam Nasional Berhad v. GoDaddy.com, Inc.
Filing
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Administrative Motion to File Under Seal Notice of Motion, Motion and Memorandum of Points and Authorities in Support of Go Daddy's Administrative Motion to Seal filed by GoDaddy.com, Inc.. (Attachments: # 1 Proposed Order, # 2 Exhibit A to Proposed Order, # 3 Exhibit B to Proposed Order, # 4 Exhibit C to Proposed Order)(Lansky, David) (Filed on 12/2/2011)
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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
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Attorneys for Defendant
GODADDY.COM, INC.
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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PETROLIAM NASIONAL BERHAD,
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Plaintiff,
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vs.
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GODADDY.COM, INC.,
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Defendant.
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GODADDY.COM, INC.,
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Counterclaimant,
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vs.
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PETROLIAM NASIONAL BERHAD,
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Counterclaim Defendant.
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GO DADDY’S NOTICE OF MOTION, MOTION
AND MEMO ISO ADMIN. MOTION TO SEAL
Case No. 4:09-cv-05939-PJH
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CASE NO.: 09-CV-5939 PJH
NOTICE OF MOTION, MOTION,
AND MEMORANDUM OF POINTS
AND AUTHORITIES IN SUPPORT
OF GO DADDY’S ADMINISTRATIVE
MOTION TO SEAL
Date:
Time:
Courtroom:
December 7, 2011
9:00 a.m.
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Honorable Phyllis J. Hamilton
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NOTICE OF MOTION AND MOTION
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PLEASE TAKE NOTICE that on December 7, 2011, 2011, at 9:00 a.m. in the courtroom
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of the Hon. Phyllis J. Hamilton, Courtroom 3, United States District Court, Northern District of
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California, 1301 Clay Street, Oakland, California, Defendant/Counterclaimant Go Daddy.com,
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Inc. (“Go Daddy”) will and hereby does move pursuant to United States District Court of the
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Northern District of California Civil Local Rule 7-11 to seal (1) Go Daddy’s standard operating
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procedure for dealing with incoming trademark claims (“SOP”), which constitutes Exhibit 24 to
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the November 24, 2011 Declaration of Perry Clark In Support of Plaintiff Petronas’s Motion for
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Partial Summary Judgment on Go Daddy’s Liability for Contributory Cybersquatting (“Clark
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MPSJ Declaration”); and (2) certain sections of the transcript of the October 19, 2011 deposition
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of Jeff Munson found on page 11 at lines 4-10 and 14-16, page 13 at lines 9-13, page 14 at lines 7-
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24, 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,
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page 23 at lines 3-7 and 17-25, and all of pages 24-26 (the “Munson Excerpts”), which are located
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within pages 187-190 of Exhibit 26 to the Clark MPSJ Declaration, and within pages 82-85 of
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Exhibit 6 to the November 25, 2011 Declaration of Perry Clark In Support of Plaintiff Petronas’s
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Opposition to Go Daddy’s Motion for Summary Judgment (“Clark Opposition Declaration”).1
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The motion is based on this Notice of Motion and Motion, the Memorandum of Points and
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Authorities, the November 9, 2011 Declaration of Nima Kelly In Support of Plaintiff’s
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Administrative Motion to Seal (Dkt. No. 124), the November 9, 2011 Declaration of Greg
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Schwimer In Support of Plaintiff’s Administrative Motion to Seal (Dkt. No. 124), the pleadings
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and papers on file in this action, the Court’s order dated November 18, 2011 (Dkt. No. 133), and
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any other submissions or arguments of counsel as may be presented to the Court.
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MEMORANDUM OF POINTS AND AUTHORITES
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Go Daddy moves to seal the SOP (Exhibit 24 to the Clark MPSJ Declaration) and the
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Munson Excerpts (portions of Exhibit 26 to the Clark MPSL Declaration, and portions of Exhibit
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Exhibit 26 to the Clark MPSJ Declaration and Exhibit 6 to the Clark Opposition Declaration
are identical, and Go Daddy moves to seal identical sections in each.
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GO DADDY’S NOTICE OF MOTION, MOTION
AND MEMO ISO ADMIN. MOTION TO SEAL
Case No. 4:09-cv-05939-PJH
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6 to the Clark Opposition Declaration). Go Daddy respectfully submits that compelling reasons
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exist for sealing because, as set forth below, these are confidential and highly sensitive documents.
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The court has previously ruled that these documents should be sealed.
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By way of background, both Petronas and Go Daddy have moved for summary judgment.
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On November 2, 2011 Petronas submitted an appendix in support of its motion for partial
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summary judgment consisting of 204 pages of documents. See Dkt. Nos. 119 & 120. On
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November 16, 2011, Petronas submitted a separate appendix with its opposition to Go Daddy’s
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motion for summary judgment consisting of 3,484 pages. See Dkt. Nos. 126 & 128. On
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November 22, the Court ordered both the appendices stricken for improper format and failure to
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authenticate, and ordered Petronas to re-submit any materials it wished the Court to consider “in a
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form that complies with the Federal Rules of Evidence” and “that is usable by the court” no later
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than November 25, 2011. Dkt. No. 137.
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On November 25, Petronas filed the Clark MPSJ Declaration, which contained the 204
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page appendix that was initially filed in support of Petronas’s motion for partial summary
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judgment. Dkt. No. 143. On November 28, Go Daddy received via U.S. mail a copy of the Clark
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Opposition Declaration (see Fiorino Declaration In Support of Go Daddy’s Administrative Motion
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to Seal (“Fiorino Decl.”), ¶ 2), which contained many, but not all, of the documents initially filed
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in the separate appendix with Petronas’s opposition to Go Daddy’s motion for summary judgment.
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It does not appear that the Clark Opposition Declaration was ever e-filed with the Court.
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Although Petronas filed an administrative motion to seal (Dkt. No. 144), the motion does
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not address any of the Exhibits to the Clark MPSJ Declaration, and, for reasons not clear, seeks
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only to seal certain exhibits to a document—the Clark Opposition Declaration—that has not been
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filed with the Court. The deadline for filing such documents has passed. See Dkt. No. 137. Due
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to the fact that Petronas’s administrative motion to seal does not address the SOP (which is
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incorrectly described in the Clark MPSJ Declaration as Exhibit 23, but is tabbed thereto as Exhibit
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24) or the Munson Excerpts (portions of Exhibit 26) attached to the Clark MPSJ Declaration, and
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to the extent that the un-filed Clark Opposition Declaration seeks to enter the Munson Excerpts
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GO DADDY’S NOTICE OF MOTION, MOTION
AND MEMO ISO ADMIN. MOTION TO SEAL
Case No. 4:09-cv-05939-PJH
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(portions of Exhibit 6) into the record, Go Daddy brings this Motion to Seal the SOP and Munson
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Excerpts.
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The Court has already held that the SOP and Munson Excerpts may be filed under seal.
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Petronas previously submitted the SOP and Munson Excerpts when it lodged its Appendix in
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support of Petronas’s Motion for Partial Summary Judgment (the “Appendix”) on November 2,
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2011. At that time, Go Daddy filed the Declaration of Nima Kelly In Support of Plaintiff’s
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Administrative Motion to Seal (“Kelly Declaration”) (Dkt. No 124) and the Declaration of Greg
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Schwimer In Support of Plaintiff’s Administrative Motion to Seal (“Schwimer Declaration”) (Dkt.
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No.124). See Fiorino Decl., Exs. A & B. The Kelly and Schwimer Declarations outline the
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confidential and highly sensitive nature of the information contained in the SOP and Munson
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Excerpts and establish compelling reasons for the information not to be made public. Id.
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On November 18, 2011, this Court sealed the SOP and Munson Excerpts located in
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Petronas’s Appendix, and, in its Order Granting Plaintiff’s Motion to Seal In Part and Denying In
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Part (Dkt. No. 133), specifically concluded that “compelling reasons exist for sealing” the SOP
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and Munson Excerpts. Fiorino Decl., Ex. C.
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Based on the Court’s prior ruling, and the compelling reasons set forth in the Kelly and
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Schwimer Declarations, Go Daddy respectfully requests that the Court order the SOP (constituting
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Exhibit 24 to the Clark MPSJ Declaration) and the Munson Excerpts (located within pages 187-
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190 of Exhibit 26 to the Clark MPSJ Declaration and pages 82-85 of Exhibit 6 to the Clark
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Opposition Declaration) sealed.
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Dated: December 2, 2011
WILSON SONSINI GOODRICH & ROSATI
PROFESSIONAL CORPORATION
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By: /s/ David L. Lansky
JOHN L. SLAFSKY
DAVID L. LANSKY
HOLLIS BETH HIRE
jslafsky@wsgr.com
dlansky@wsgr.com
hhire@wsgr.com
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Attorneys for Defendant and Counterclaimant
GODADDY.COM, INC.
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GO DADDY’S NOTICE OF MOTION, MOTION
AND MEMO ISO ADMIN. MOTION TO SEAL
Case No. 4:09-cv-05939-PJH
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