International Business Machines Corporation v. ACQIS LLC

Filing 31

ORDER Denying Administrative Request to Seal. Signed by Judge Hamilton on 12/2/2011. (pjhlc2, COURT STAFF) (Filed on 12/2/2011)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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INTERNATIONAL BUSINESS MACHINES
CORPORATION,
Plaintiff,

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For the Northern District of California

United States District Court

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v.

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ORDER DENYING ADMINISTRATIVE
REQUEST TO SEAL

ACQIS LLC,

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No. C 11-4896 PJH

Defendant.
_______________________________/

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The court is in receipt of defendant’s motion to dismiss or in the alternative, to

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transfer the above-referenced action, and defendant’s accompanying request to seal the

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motion. Defendant’s request seeks to file under seal certain sections of the motion to

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dismiss, as well as Exhibit 1 to the Guske Declaration in support of the motion to dismiss.

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However, while defendant contends that an order sealing the foregoing is warranted

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because they “relate to a letter sent as part of confidential court-ordered mediation

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proveedings in a related, ongoing litigation,” defendant does not actually seek to file the

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purportedly privileged letter under seal. Nor can the court glean the confidential contents of

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any such letter from its review of Exhibit 1. Thus, the court DENIES defendant’s request

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for a sealing order at this time.

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Defendant is instructed to file a non-redacted version of its motion within 5 days of

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the date of this order. The court furthermore notes that the chambers copy of the motion

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provided to the court is double-sided, in violation of local rule 3-4(c)(2). Defendant is thus

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furthermore instructed to re-serve a chambers copy of its motion papers upon the court that

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complies with the local rules.

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IT IS SO ORDERED.

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Dated: December 2, 2011
______________________________
PHYLLIS J. HAMILTON
United States District Judge

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For the Northern District of California

United States District Court

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