Ubiquiti Networks, Inc. v. Kozumi USA Corp. et al
Filing
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ORDER RE: ADMINISTRATIVE MOTION TO SEAL (Dkt. No. 115). Signed by Magistrate Judge Jacqueline Scott Corley on 2/25/2013. (ahm, COURT STAFF) (Filed on 2/25/2013)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
Northern District of California
United States District Court
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UBIQUITI NETWORKS, INC.,
Plaintiff,
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Case No.: 12-cv-2582 CW (JSC)
ORDER RE: ADMINISTRATIVE
MOTION TO SEAL (Dkt. No. 115)
v.
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KOZUMI USA CORP., et al.,
Defendants.
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Now pending before the Court is Defendants’ Administrative Motion to Seal the
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parties’ Joint Discovery Letter Brief filed January 4, 2013. (Dkt. No. 115.) Defendants’
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request fails to comply with Local Rule 79-5(a)’s requirement that “[t]he request must be
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narrowly tailored to seek sealing only of sealable material” and is not accompanied by a
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supporting declaration. The motion is therefore DENIED.
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Defendants shall refile their Administrative Motion to Seal and file with it a declaration
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establishing that the documents are entitled to sealing as required by Rule 79-5(b). Wholly
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conclusory statements in support of sealing are inadequate – the fact that a document has been
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designated as confidential is not sufficient to establish good cause for sealing. This is
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especially true where the confidentiality designation is subject to challenge. Moreover, it is
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not appropriate to request sealing of an entire document when only portions thereof are in fact
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confidential. Accordingly, Defendants shall refile the motion in accordance with Rule 79-5.
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Defendants have also failed to electronically file several documents which it submitted
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to the Court for review in connection with the joint statement (Dkt. No. 115) including the
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Declaration of William Wu, the Declaration of Robert Harkins, Exhibits A-B to the Harkins
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Declaration, the Declaration of Whitney McCollum, and Exhibits A-B to the McCollum
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Declaration. These documents are not included in Defendants’ request for sealing and thus
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should have been publically filed. As it stands, these documents are not part of the record in
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this case.
Northern District of California
United States District Court
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Accordingly, within three days of the filing date of this Order, Defendants shall
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electronically file the Declaration of William Wu, the Declaration of Robert Harkins, Exhibits
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A-B to the Harkins Declaration, the Declaration of Whitney McCollum, and Exhibits A-B to
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the McCollum Declaration. In addition, Defendants shall file a renewed motion to seal within
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seven days of the filing date of this Order.
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IT IS SO ORDERED.
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Dated: February 25, 2013
_________________________________
JACQUELINE SCOTT CORLEY
UNITED STATES MAGISTRATE JUDGE
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