Cabela's Inc. v. Kelora Systems, LLC

Filing 80

ORDER by Judge Claudia Wilken REGARDING (369 in case 4:11-cv-01548-CW), (65 in case 4:11-cv-01398-CW ), (69 in case 4:11-cv-02284-CW) MOTION OF CABELAS INC., NEBRASKA FURNITURE MART, INC. AND NEWEGG INC. TO FILE UNDER SEAL THE DECLARATION OF RAY R. LARSON. (ndr, COURT STAFF) (Filed on 10/17/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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CABELA’S INC.,

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Plaintiff,
v.

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KELORA SYSTEMS, LLC,

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Defendant.

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________________________________/

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United States District Court
For the Northern District of California

No. C 11-1398 CW

KELORA SYSTEMS, LLC,

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Plaintiff,

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v.

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TARGET CORPORATION; OFFICEMAX
INCORPORATED; ROCKLER COMPANIES,
INC.; 1-800-FLOWERS.COM, INC.;
AMAZON.COM, INC.; DELL, INC.;
OFFICE DEPOT, INC.; NEWEGG INC.;
COSTCO WHOLESALE CORPORATION;
HEWLETT-PACKARD COMPANY;
CIRCUITCITY.COM INC; AUDIBLE,
INC.; and ZAPPOS.COM, INC.,

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Defendants.

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OFFICEMAX INCORPORATED,

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Third-Party Plaintiff,
v.
ADOBE SYSTEMS INCORPORATED,
Third-Party Defendant.

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________________________________/

No. C 11-1548 CW

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NEBRASKA FURNITURE MART, INC.,

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Plaintiff,

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No. C 11-2284 CW
ORDER REGARDING
MOTION OF CABELA’S
INC., NEBRASKA
FURNITURE MART,
INC. AND NEWEGG
INC. TO FILE UNDER
SEAL THE
DECLARATION OF RAY
R. LARSON

v.

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KELORA SYSTEMS, LLC,

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Defendant.

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________________________________/

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AND ALL RELATED COUNTERCLAIMS

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/
On September 15, 2011, Plaintiffs and Counterclaim-Defendants

United States District Court
For the Northern District of California

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Cabela’s Inc. and Nebraska Furniture Mart, Inc. and Defendant and

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Counterclaim-Plaintiff Newegg Inc. filed a motion pursuant to

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Local Rule 79-5(d) for an order sealing the Declaration of Ray R.

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Larson submitted in connection with their Motion for Summary

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Judgment of Invalidity and Non-Infringement.

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request on conclusory statements that the declaration contained or

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referred to materials that Movants have designated as

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“Confidential” or “Highly Confidential - Attorneys’ Eyes Only”

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under the blanket Protective Order in effect in these cases and

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that a third-party, Endeca, considered information contained or

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referred to in the declaration to be proprietary and confidential.

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On September 27, 2011, this Court issued an order stating

Movants based their

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that Movants had not provided sufficient information to establish

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that the document, or portions thereof, was privileged or

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protectable as a trade secret or otherwise entitled to protection

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under the law, as required under Local Rule 79-5(a), and granted

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Movants four additional days, or until October 3, 2011, to provide

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additional information to meet this requirement.

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The order

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further warned that failure to provide additional information

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would result in the denial of the motion to the extent that the

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motion was based on the conclusory statement relying on a blanket

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protective order.

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The Order further directed Movants to serve Endeca with

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copies of the order and the motion to seal within seven days, and

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directed Endeca, if Endeca sought to seal the information, to file

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a declaration in support of the motion providing good cause to

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seal within fourteen days, or by October 11, 2011, as required by

United States District Court
For the Northern District of California

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Local Rule 79-5(d).
Movants have not provided additional information to conform

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with Local Rule 79-5(a).

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filed a certificate of service stating that Endeca was served on

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September 28, 2011, Endeca has not filed a declaration in support

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of the motion to seal.

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Further, although Movant Newegg Inc. has

Accordingly, the motion to seal is DENIED.

Movants are

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directed to file the Declaration of Ray R. Larson in the public

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record within four days, if they wish it to be considered.

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IT IS SO ORDERED.

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Dated: 10/17/2011

CLAUDIA WILKEN
United States District Judge

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