Centrify Corporation v. Quest Software, Inc.

Filing 115

ORDER REGARDING DEFENDANTS 113 ADMINISTRATIVE MOTION TO FILE UNDER SEAL. Signed by Judge Claudia Wilken on 12/5/2011. (ndr, COURT STAFF) (Filed on 12/5/2011)

1

IN THE UNITED STATES DISTRICT COURT

2

FOR THE NORTHERN DISTRICT OF CALIFORNIA

3
4

CENTRIFY CORPORATION,

5
6
7

Plaintiff,

ORDER REGARDING
DEFENDANT’S
ADMINISTRATIVE
MOTION TO FILE
UNDER SEAL
(Docket No. 113)

v.
QUEST SOFTWARE, INC.,

8
9

No. C 10-3873 CW

Defendant.
________________________________/

United States District Court
For the Northern District of California

10
11

On December 2, 2011, Defendant Quest Software, Inc., filed an

12

administrative motion to file under seal Exhibits B through H in

13

support of its Opposition to Plaintiff Centrify Corporation’s

14

Motion for Relief from Case Management Schedule.

15

its motion, Defendant submits a declaration stating that Exhibits

16

B through H contain information designated as “Highly

17

Confidential-Attorneys’ Eyes Only” under the protective order in

18

this case.

19

In support of

Because the public interest favors filing all court documents

20

in the public record, any party seeking to file a document under

21

seal must demonstrate good cause to do so.

22

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

23

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

24

protective order or by stating in general terms that the material

25

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

26

a sworn declaration demonstrating with particularity the need to

27

file each document under seal.

28

document has been designated as confidential by another party,

Pintos v. Pac.
This cannot

See Civil L.R. 79-5(a).

If a

1

that party must file a declaration establishing that the document

2

is sealable.

Civ. Local R. 79-5(d).

3

Defendant’s declaration makes only conclusory statements that

4

Exhibits B through H are subject to a blanket protective order and

5

does not provide specific information establishing that the

6

documents, or portions thereof, are privileged or protectable as a

7

trade secret or otherwise entitled to protection under the law, as

8

required under Local Rule 79-5(a).

9

provided sufficient information to support the filing of the

United States District Court
For the Northern District of California

10

As such, Defendant has not

documents under seal at this time.

11

Defendant shall be permitted four days from the date of this

12

order to provide additional information to conform with Local Rule

13

79-5.

14

Filings made hereunder may not exceed five pages, excluding

15

declarations and exhibits.

16

IT IS SO ORDERED.

If Defendant fails to do so, its motion will be denied.

17
18
19

Dated:

12/5/2011

CLAUDIA WILKEN
United States District Judge

20
21
22
23
24
25
26
27
28
2