Sereni v. Home Depot U.S.A., Inc.

Filing 14

ORDER by Judge Kandis A. Westmore denying 12 Stipulation (kawlc2, COURT STAFF) (Filed on 2/11/2013)

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1 2 United States District Court Northern District of California 3 4 5 6 WILLIAM SERENI, 7 ORDER REGARDING THE PARTIES' STIPULATED PROTECTIVE ORDER v. 8 9 Case No.: 12-cv-5912 KAW Plaintiff, HOME DEPOT U.S.A., INC., 10 Defendant. United States District Court Northern District of California 11 12 The Court has reviewed the parties' stipulated protective order. The Court will not enter 13 the proposed protective order as written, because portions of the proposed order relating to filing 14 documents under seal appear to be inconsistent with the local rules. For example, the proposed 15 order requires a party to file documents under seal where sealing has not been successfully 16 challenged by the opponent. Prop. Order at 12. But under Civil Local Rule 79-5(d) ("Filing a 17 Document Designated Confidential by Another Party"), no document shall be filed under seal 18 unless the party who has designated it confidential has demonstrated by affidavit that it is indeed 19 sealable. The Court then decides whether the documents should, in fact, be sealed. The failure of an "opponent" to challenge the filing of the documents under seal 20 21 (presumably after the fact) does not relieve the party seeking to file under seal from its burden of 22 showing that the information is "privileged or protectable as a trade secret of otherwise entitled to 23 protection under the law." Id. Nor does the absence of an opposition avoid the Court's 24 determination on the sealability question. The proposed stipulation effectively circumvents the 25 Court's review process and is, therefore, improper. 26 /// 27 /// 28 The parties may file a revised stipulated protective order that is consistent with the local 1 2 3 rules. IT IS SO ORDERED. 4 5 6 Dated: February 11, 2013 ___________________________ KANDIS A. WESTMORE UNITED STATES MAGISTRATE JUDGE 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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