Actuate Corporation v. Construction Specialties Inc

Filing 38

ORDER REGARDING DEFENDANT CONSTRUCTION SPECIALTIES, INC.s 32 MOTION TO SEAL. Signed by Judge Claudia Wilken on 4/25/2012. (ndr, COURT STAFF) (Filed on 4/25/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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ACTUATE CORPORATION, a California
corporation,
Plaintiff,

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v.
CONSTRUCTION SPECIALTIES, INC.;
and DOES 1 through 10,

No. C 10-4444 CW
ORDER REGARDING
DEFENDANT
CONSTRUCTION
SPECIALTIES,
INC.’s MOTION TO
SEAL

Defendants.
________________________________/

United States District Court
For the Northern District of California

On April 5, 2012, Defendant Construction Specialties, Inc.
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filed an administrative motion to seal pursuant to this Court’s
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Local Rule 79-5.

The motion accompanied Defendant’s motion for

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partial summary judgment.

Defendant seeks to file under seal

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Exhibits G, K and L to the Declaration of Craig S. Hilliard in
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support of its motion for partial summary judgment.

As the basis

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for the motion, Defendant contends that Plaintiff Actuate
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Corporation previously designated these items “Confidential” under
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the Protective Order entered on March 28, 2011.
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Under Local Rule 79-5(d),
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If a party wishes to file a document that has been
designated confidential by another party pursuant to a
protective order . . . the submitting party must file
and serve an Administrative Motion for a sealing order
and lodge the document, memorandum or other filing in
accordance with this rule . . . Within 7 days
thereafter, the designating party must file with the
Court and serve a declaration establishing that the
designated information is sealable, and must lodge and
serve a narrowly tailored proposed sealing order, or
must withdraw the designation of confidentiality. If
the designating party does not file its responsive
declaration as required by this subsection, the

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document or proposed filing will be made part of the
public record.
Plaintiff has not filed a declaration in support of sealing

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the exhibits, as required by Local Rule 79-5(d).

However, it is

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not clear that Defendant has served on Plaintiff all of the papers

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in connection with motion to seal, in particular, Brian Clark’s

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declaration in support of the motion.

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United States District Court
For the Northern District of California

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Thus, the Court reserves judgment regarding the motion.

On

or before April 26, 2012, Defendant shall serve Plaintiff the
motion and all supporting papers, or notify the Court that it has

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already done so.

In the event that Plaintiff seeks to seal the

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information, it shall file a declaration in support of the motion
by May 2, 2012.
IT IS SO ORDERED.

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Dated: 4/25/2012

CLAUDIA WILKEN
United States District Judge

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