Petroliam Nasional Berhad v. GoDaddy.com, Inc.

Filing 149

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)

1
2
3
4
5
6

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: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]

7
8

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
GODADDY.COM, INC.,
19
Counterclaimant,
20
vs.
21
PETROLIAM NASIONAL BERHAD,
22
Counterclaim Defendant.
23
24
25
26
27
28
GO DADDY’S NOTICE OF MOTION, MOTION
AND MEMO ISO ADMIN. MOTION TO SEAL
Case No. 4:09-cv-05939-PJH

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

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.
3

Honorable Phyllis J. Hamilton

1

NOTICE OF MOTION AND MOTION

2

PLEASE TAKE NOTICE that on December 7, 2011, 2011, at 9:00 a.m. in the courtroom

3

of the Hon. Phyllis J. Hamilton, Courtroom 3, United States District Court, Northern District of

4

California, 1301 Clay Street, Oakland, California, Defendant/Counterclaimant Go Daddy.com,

5

Inc. (“Go Daddy”) will and hereby does move pursuant to United States District Court of the

6

Northern District of California Civil Local Rule 7-11 to seal (1) Go Daddy’s standard operating

7

procedure for dealing with incoming trademark claims (“SOP”), which constitutes Exhibit 24 to

8

the November 24, 2011 Declaration of Perry Clark In Support of Plaintiff Petronas’s Motion for

9

Partial Summary Judgment on Go Daddy’s Liability for Contributory Cybersquatting (“Clark

10

MPSJ Declaration”); and (2) certain sections of the transcript of the October 19, 2011 deposition

11

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-

12

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,

13

page 23 at lines 3-7 and 17-25, and all of pages 24-26 (the “Munson Excerpts”), which are located

14

within pages 187-190 of Exhibit 26 to the Clark MPSJ Declaration, and within pages 82-85 of

15

Exhibit 6 to the November 25, 2011 Declaration of Perry Clark In Support of Plaintiff Petronas’s

16

Opposition to Go Daddy’s Motion for Summary Judgment (“Clark Opposition Declaration”).1

17

The motion is based on this Notice of Motion and Motion, the Memorandum of Points and

18

Authorities, the November 9, 2011 Declaration of Nima Kelly In Support of Plaintiff’s

19

Administrative Motion to Seal (Dkt. No. 124), the November 9, 2011 Declaration of Greg

20

Schwimer In Support of Plaintiff’s Administrative Motion to Seal (Dkt. No. 124), the pleadings

21

and papers on file in this action, the Court’s order dated November 18, 2011 (Dkt. No. 133), and

22

any other submissions or arguments of counsel as may be presented to the Court.

23

MEMORANDUM OF POINTS AND AUTHORITES

24

Go Daddy moves to seal the SOP (Exhibit 24 to the Clark MPSJ Declaration) and the

25

Munson Excerpts (portions of Exhibit 26 to the Clark MPSL Declaration, and portions of Exhibit

26
27

1

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.

28
GO DADDY’S NOTICE OF MOTION, MOTION
AND MEMO ISO ADMIN. MOTION TO SEAL
Case No. 4:09-cv-05939-PJH

-1-

1

6 to the Clark Opposition Declaration). Go Daddy respectfully submits that compelling reasons

2

exist for sealing because, as set forth below, these are confidential and highly sensitive documents.

3

The court has previously ruled that these documents should be sealed.

4

By way of background, both Petronas and Go Daddy have moved for summary judgment.

5

On November 2, 2011 Petronas submitted an appendix in support of its motion for partial

6

summary judgment consisting of 204 pages of documents. See Dkt. Nos. 119 & 120. On

7

November 16, 2011, Petronas submitted a separate appendix with its opposition to Go Daddy’s

8

motion for summary judgment consisting of 3,484 pages. See Dkt. Nos. 126 & 128. On

9

November 22, the Court ordered both the appendices stricken for improper format and failure to

10

authenticate, and ordered Petronas to re-submit any materials it wished the Court to consider “in a

11

form that complies with the Federal Rules of Evidence” and “that is usable by the court” no later

12

than November 25, 2011. Dkt. No. 137.

13

On November 25, Petronas filed the Clark MPSJ Declaration, which contained the 204

14

page appendix that was initially filed in support of Petronas’s motion for partial summary

15

judgment. Dkt. No. 143. On November 28, Go Daddy received via U.S. mail a copy of the Clark

16

Opposition Declaration (see Fiorino Declaration In Support of Go Daddy’s Administrative Motion

17

to Seal (“Fiorino Decl.”), ¶ 2), which contained many, but not all, of the documents initially filed

18

in the separate appendix with Petronas’s opposition to Go Daddy’s motion for summary judgment.

19

It does not appear that the Clark Opposition Declaration was ever e-filed with the Court.

20

Although Petronas filed an administrative motion to seal (Dkt. No. 144), the motion does

21

not address any of the Exhibits to the Clark MPSJ Declaration, and, for reasons not clear, seeks

22

only to seal certain exhibits to a document—the Clark Opposition Declaration—that has not been

23

filed with the Court. The deadline for filing such documents has passed. See Dkt. No. 137. Due

24

to the fact that Petronas’s administrative motion to seal does not address the SOP (which is

25

incorrectly described in the Clark MPSJ Declaration as Exhibit 23, but is tabbed thereto as Exhibit

26

24) or the Munson Excerpts (portions of Exhibit 26) attached to the Clark MPSJ Declaration, and

27

to the extent that the un-filed Clark Opposition Declaration seeks to enter the Munson Excerpts

28
GO DADDY’S NOTICE OF MOTION, MOTION
AND MEMO ISO ADMIN. MOTION TO SEAL
Case No. 4:09-cv-05939-PJH

-2-

1

(portions of Exhibit 6) into the record, Go Daddy brings this Motion to Seal the SOP and Munson

2

Excerpts.

3

The Court has already held that the SOP and Munson Excerpts may be filed under seal.

4

Petronas previously submitted the SOP and Munson Excerpts when it lodged its Appendix in

5

support of Petronas’s Motion for Partial Summary Judgment (the “Appendix”) on November 2,

6

2011. At that time, Go Daddy filed the Declaration of Nima Kelly In Support of Plaintiff’s

7

Administrative Motion to Seal (“Kelly Declaration”) (Dkt. No 124) and the Declaration of Greg

8

Schwimer In Support of Plaintiff’s Administrative Motion to Seal (“Schwimer Declaration”) (Dkt.

9

No.124). See Fiorino Decl., Exs. A & B. The Kelly and Schwimer Declarations outline the

10

confidential and highly sensitive nature of the information contained in the SOP and Munson

11

Excerpts and establish compelling reasons for the information not to be made public. Id.

12

On November 18, 2011, this Court sealed the SOP and Munson Excerpts located in

13

Petronas’s Appendix, and, in its Order Granting Plaintiff’s Motion to Seal In Part and Denying In

14

Part (Dkt. No. 133), specifically concluded that “compelling reasons exist for sealing” the SOP

15

and Munson Excerpts. Fiorino Decl., Ex. C.

16

Based on the Court’s prior ruling, and the compelling reasons set forth in the Kelly and

17

Schwimer Declarations, Go Daddy respectfully requests that the Court order the SOP (constituting

18

Exhibit 24 to the Clark MPSJ Declaration) and the Munson Excerpts (located within pages 187-

19

190 of Exhibit 26 to the Clark MPSJ Declaration and pages 82-85 of Exhibit 6 to the Clark

20

Opposition Declaration) sealed.

21

Dated: December 2, 2011

WILSON SONSINI GOODRICH & ROSATI
PROFESSIONAL CORPORATION

22
23
By: /s/ David L. Lansky
JOHN L. SLAFSKY
DAVID L. LANSKY
HOLLIS BETH HIRE
[e-mail]
[e-mail]
[e-mail]

24
25
26
27

Attorneys for Defendant and Counterclaimant
GODADDY.COM, INC.

28
GO DADDY’S NOTICE OF MOTION, MOTION
AND MEMO ISO ADMIN. MOTION TO SEAL
Case No. 4:09-cv-05939-PJH

-3-