Apple Inc. v. Amazon.Com, Inc.

Filing 87

ORDER CLARIFYING REQUIRED DECLARATION TO SUPPORT PLAINTIFFS MOTION TO FILE PORTIONS OF REPLY UNDER SEAL (Dkt. No. 80). Signed by Magistrate Judge Jacqueline Scott Corley on 8/20/2012. (ahm, COURT STAFF) (Filed on 8/20/2012)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 10 Northern District of California United States District Court 11 APPLE INC., Plaintiff, 12 13 Case No.: C11-1327 PJH (JSC) v. 14 15 16 ORDER CLARIFYING REQUIRED DECLARATION TO SUPPORT PLAINTIFF’S MOTION TO FILE PORTIONS OF REPLY UNDER SEAL (Dkt. No. 80) AMAZON.COM, INC., et al., Defendants. 17 18 Now pending before the Court is Plaintiff’s administrative motion to file portions of 19 Plaintiff’s Reply in Support of the Motion to Compel Discovery under seal pursuant to Local 20 Rule 79-5. (Dkt. No. 80.) The Court previously noted that L.R. 79-5(d) requires Defendant 21 to “file with the Court and serve a declaration establishing that the designated information is 22 sealable, and must lodge and serve a narrowly tailored proposed sealing order, or must 23 withdraw the designation of confidentiality.” (Dkt. No. 86.) To further clarify, simply 24 stating that a document “has been designated by Amazon as CONFIDENTIAL— 25 ATTORNEY’S EYES ONLY or HIGHLY CONFIDENTIAL—OUTSIDE COUNSEL 26 ONLY under the Stipulated Protective Order” and then listing the documents in question 27 (Dkt. No. 82) does not meet the requirements of L.R. 79-5(d). L.R. 79-5(a) states that “[a] 28 stipulation, or blanket protective order that allows a party to designate documents as 1 sealable, will not suffice to allow the filing of documents under seal.” Reference to such a 2 stipulation is therefore insufficient. To be sufficient, the designating party—here, Amazon— 3 must file a declaration establishing why portions of each document or exhibit are confidential 4 and thus should be filed under seal. 5 IT IS SO ORDERED. 6 7 Dated: August 20, 2012 _________________________________ JACQUELINE SCOTT CORLEY UNITED STATES MAGISTRATE JUDGE 8 9 10 Northern District of California United States District Court 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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