Adobe Systems Incorporated v. Kornrumpf

Filing 125

ORDER by Judge Claudia Wilken GRANTING 123 MOTION TO FILE UNDER SEAL. (ndr, COURT STAFF) (Filed on 11/22/2011)

1

IN THE UNITED STATES DISTRICT COURT

2

FOR THE NORTHERN DISTRICT OF CALIFORNIA

3
4

ADOBE SYSTEMS INCORPORATED,

5
6
7
8
9

United States District Court
For the Northern District of California

10
11

No. C 10-2769 CW

Plaintiff,

ORDER GRANTING
MOTION TO FILE
UNDER SEAL
(Docket No. 123)

v.
HOOPS ENTERPRISE LLC; and ANTHONY
KORNRUMPF,
Defendants.
________________________________/
AND ALL RELATED CLAIMS
________________________________/

12
13

On November 16, 2011, Defendants and Counter-claimants Hoops

14

Enterprise LLC and Anthony Kornrumpf filed a motion to file under

15

seal Exhibit Four to their Opposition to Plaintiff Adobe System

16

Incorporated’s Motion for Entry of a Preliminary Injunction.

17

Defendants lodged with the Court a copy of Exhibit Four, along

18

with a redacted version of the document.

19

In support of their motion, Defendants submitted a

20

declaration that stated that the portions of Exhibit Four they

21

seek to seal contain proprietary trade secrets, including the

22

names of Defendants’ suppliers and the business practices employed

23

by Defendants in dealing with their suppliers.

24

represented that this information is not generally disclosed to

25

the public or to their competitors.

26

July 25, 2011 order, in which the Magistrate Judge had found that

27

this information constituted trade secrets and was entitled to

28

Defendants

Defendants also refer to a

1

protection from public disclosure, while ordering disclosure to

2

Plaintiff.

3

information be filed under seal.

4

This Court has also previously ordered that this

Because the public interest favors filing all court documents
in the public record, any party seeking to file a document under

6

seal must demonstrate good cause to do so.

7

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

8

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

9

protective order or by stating in general terms that the material

10
United States District Court
For the Northern District of California

5

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

11

a sworn declaration demonstrating with particularity the need to

12

file each document under seal.

13
14
15

Pintos v. Pac.
This cannot

See Civil Local Rule 79-5(a).

Defendants have provided good cause to seal portions of
Exhibit Four.

Accordingly, Defendants’ motion to seal is GRANTED.

Within four days of the date of this Order, Defendants shall

16

file Exhibit Four under seal and the redacted version of Exhibit

17

Four on the public record.

18

IT IS SO ORDERED.

19
20
21

Dated: 11/22/2011

CLAUDIA WILKEN
United States District Judge

22
23
24
25
26
27
28
2