Adobe Systems Incorporated v. Kornrumpf

Filing 210

ORDER by Judge Claudia Wilken GRANTING IN PART PLAINTIFFS 209 MOTION TO FILE UNDER SEAL. (ndr, COURT STAFF) (Filed on 6/6/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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ADOBE SYSTEMS INCORPORATED,

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United States District Court
For the Northern District of California

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No. C 10-2769 CW

Plaintiff,

ORDER GRANTING IN
PART PLAINTIFF’S
MOTION TO FILE
UNDER SEAL (Docket
No. 209)

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

Plaintiff Adobe Systems Inc. has filed a motion to file under

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seal portions of the declaration of Annie S. Wang, submitted

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pursuant to the Court’s June 1, 2012 Order Converting Plaintiff’s

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First Motion in Limine into a Motion for Partial Summary Judgment,

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and the entirety of Exhibits B, C, D and G attached to the Wang

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declaration.

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the Wang declaration in the public record.

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Plaintiff has already filed a redacted version of
Docket No. 208.

Plaintiff’s filings are connected to a dispositive motion.

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To do establish that the documents are sealable, the parties “must

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overcome a strong presumption of access by showing that

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‘compelling reasons supported by specific factual findings . . .

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outweigh the general history of access and the public policies

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favoring disclosure.’”

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665, 679 (9th Cir. 2010) (citation omitted).

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established simply by showing that the documents are subject to a

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protective order or by stating in general terms that the material

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Pintos v. Pac. Creditors Ass’n, 605 F.3d
This cannot be

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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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Civil Local Rule 79-5(a).

The Court has previously granted leave to file under seal a

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settlement agreement, which the parties had executed to settle

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prior litigation between them and had agreed to keep confidential

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as part of the terms of settlement, and other documents that

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excerpted or referenced the terms of that settlement agreement.

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See, e.g., Docket Nos. 150, 193, 201.

Plaintiff represents that

United States District Court
For the Northern District of California

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the portions of the Wang declaration that it seeks to seal and

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Exhibits B and C contain excerpts and references to the terms of

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that settlement agreement.

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to seal Exhibit D, which contains its Early Neutral Evaluation

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Statement prepared for settlement purposes in the prior litigation

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and which is confidential pursuant to ADR Local Rule 5-12.

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reviewed these documents, the Court finds that Plaintiff has

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established that they are sealable.

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Wang Decl. ¶ 3.

Plaintiff also seeks

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Plaintiff further represents that it seeks to seal Exhibit G,

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because it contains email addresses and other identifying

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information of third parties, which is not otherwise publicly

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known.

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finds good cause to support seal the portions of Exhibit G that

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contain such identifying information, but not the entirety of this

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exhibit.

Wang Decl. ¶ 3.

Having reviewed the document, the Court

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For the reasons set forth above, the Court GRANTS in part

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Plaintiff’s motion to file under seal (Docket No. 209).

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four days of the date of this Order, Plaintiff shall file under

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seal the unredacted Wang declaration and Exhibits B, C, D and G

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attached thereto, and shall file a properly redacted version of

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Exhibit G in the public record.

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Within

IT IS SO ORDERED.

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United States District Court
For the Northern District of California

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Dated: 6/6/2012

CLAUDIA WILKEN
United States District Judge

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