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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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 12 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 13 seal portions of the declaration of Annie S. Wang, submitted 14 pursuant to the Court’s June 1, 2012 Order Converting Plaintiff’s 15 First Motion in Limine into a Motion for Partial Summary Judgment, 16 and the entirety of Exhibits B, C, D and G attached to the Wang 17 declaration. 18 the Wang declaration in the public record. 19 Plaintiff has already filed a redacted version of Docket No. 208. Plaintiff’s filings are connected to a dispositive motion. 20 To do establish that the documents are sealable, the parties “must 21 overcome a strong presumption of access by showing that 22 ‘compelling reasons supported by specific factual findings . . . 23 outweigh the general history of access and the public policies 24 favoring disclosure.’” 25 665, 679 (9th Cir. 2010) (citation omitted). 26 established simply by showing that the documents are subject to a 27 protective order or by stating in general terms that the material 28 Pintos v. Pac. Creditors Ass’n, 605 F.3d This cannot be 1 is considered to be confidential, but rather must be supported by 2 a sworn declaration demonstrating with particularity the need to 3 file each document under seal. 4 Civil Local Rule 79-5(a). The Court has previously granted leave to file under seal a 5 settlement agreement, which the parties had executed to settle 6 prior litigation between them and had agreed to keep confidential 7 as part of the terms of settlement, and other documents that 8 excerpted or referenced the terms of that settlement agreement. 9 See, e.g., Docket Nos. 150, 193, 201. Plaintiff represents that United States District Court For the Northern District of California 10 the portions of the Wang declaration that it seeks to seal and 11 Exhibits B and C contain excerpts and references to the terms of 12 that settlement agreement. 13 to seal Exhibit D, which contains its Early Neutral Evaluation 14 Statement prepared for settlement purposes in the prior litigation 15 and which is confidential pursuant to ADR Local Rule 5-12. 16 reviewed these documents, the Court finds that Plaintiff has 17 established that they are sealable. 18 Wang Decl. ¶ 3. Plaintiff also seeks Having Plaintiff further represents that it seeks to seal Exhibit G, 19 because it contains email addresses and other identifying 20 information of third parties, which is not otherwise publicly 21 known. 22 finds good cause to support seal the portions of Exhibit G that 23 contain such identifying information, but not the entirety of this 24 exhibit. Wang Decl. ¶ 3. Having reviewed the document, the Court 25 26 27 28 2 1 For the reasons set forth above, the Court GRANTS in part 2 Plaintiff’s motion to file under seal (Docket No. 209). 3 four days of the date of this Order, Plaintiff shall file under 4 seal the unredacted Wang declaration and Exhibits B, C, D and G 5 attached thereto, and shall file a properly redacted version of 6 Exhibit G in the public record. 7 Within IT IS SO ORDERED. 8 9 United States District Court For the Northern District of California 10 Dated: 6/6/2012 CLAUDIA WILKEN United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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