Tucker et al v. Wright Medical Technology, Inc. et al
Filing
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ORDER by Judge Yvonne Gonzalez Rogers DENYING 94 MOTION TO PLACE CERTAIN EXHIBITS UNDER SEAL. (ndr, COURT STAFF) (Filed on 1/4/2013)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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GREGORY K. TUCKER and REBECCA
TUCKER,
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Plaintiffs,
Case No.: 11-cv-03086-YGR
ORDER DENYING MOTION TO PLACE
CERTAIN EXHIBITS UNDER SEAL
v.
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Northern District of California
United States District Court
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WRIGHT MEDICAL TECHNOLOGY, INC.
et al.,
Defendants.
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On December 18, 2012, Plaintiffs filed a Motion to Place Certain Exhibits Under Seal
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(“Motion”). (Dkt. No. 94.) At issue in the Motion are various deposition transcripts, including that of
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Plaintiff Gregory Tucker, and documents produced by Defendants in this action (“Documents at
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Issue”). The Documents at Issue are attached as exhibits to declarations in support of Plaintiffs’
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oppositions to Defendants’ pending motion for summary judgment and various motions to exclude
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expert testimony.
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The Motion indicates that certain pages from the deposition transcripts of Jorge Ochoa and
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Brad James were designated as Confidential by Defendants pursuant to the protective Order in this
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action. (Motion at 2, ¶ 4.) The Motion also indicates that the documents produced by Defendants
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have been designated Confidential pursuant to the protective order. (Id. at 2, ¶ 6.) It is unclear to the
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Court what the basis of the Motion is for the deposition transcripts of Gregory Tucker and Lester
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Hendrickson, although the Court presumes that the transcripts have also been designated as
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Confidential by Defendants under the protective order.
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Under Civ. L.R. 79-5(d), which addresses “Filing a Document Designated Confidential by
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Another Party,” a non-designating party wishing to file a document designated confidential must file
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and serve an administrative motion to seal and lodge the document or memorandum in accordance
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with the Local Rule. “Within 7 days thereafter, the designating party must file with the Court and
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serve a declaration establishing that the designated information is sealable, and must lodge and serve a
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narrowly tailored proposed sealing order, or must withdraw the designation of confidentiality. If the
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designating party does not file its responsive declaration as required by this subsection, the document
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or proposed filing will be made part of the public record.” Civ. L.R. 79-5(d).
Plaintiffs filed the pending Motion at least in part because Defendants have designated the
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the designated exhibits at issue in the Motion are sealable, nor did counsel lodge and serve a
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Northern District of California
Documents at Issue as Confidential. Defendants, however, did not file a declaration establishing that
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United States District Court
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narrowly-tailored proposed sealing order or withdraw the designation of confidentiality. See Civ.
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L.R. 79-5(d). As such, the Court DENIES the Motion for failure to comply with Civ. L.R. 79-5(d).1
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To the extent that Plaintiffs themselves sought to seal any Documents at Issue because they believe
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those documents should be sealed, the Court DENIES the Motion for failure to establish that there are
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compelling reasons warranting sealing and that the proposed sealing order is narrowly tailored. See
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Civ. L.R. 79-5(a); Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 678 (9th Cir. 2010).
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The Documents at Issue in this Motion must be publicly-filed by Plaintiffs no later than
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Tuesday, January 8, 2013. Plaintiffs must immediately provide Chambers copies of all publicly-filed
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exhibits, with the ECF headers reflecting the filing date and docket item number. The Chambers
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copies must be three-hole punched, to be inserted in to the Chambers binders previously submitted.
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This Order terminates Dkt. No. 94.
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IT IS SO ORDERED.
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Dated: January 4, 2013
_________________________________________
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YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE
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The Court further notes that “[a] stipulation . . . that allows a party to designate documents as sealable, will
not suffice to allow the filing of documents under seal.” Civ. L.R. 79-5(a) (emphasis supplied).
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