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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United States District Court
Northern District of California

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WILLIAM SERENI,

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ORDER REGARDING THE PARTIES'
STIPULATED PROTECTIVE ORDER

v.

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Case No.: 12-cv-5912 KAW

Plaintiff,

HOME DEPOT U.S.A., INC.,

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Defendant.

United States District Court
Northern District of California

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The Court has reviewed the parties' stipulated protective order. The Court will not enter

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the proposed protective order as written, because portions of the proposed order relating to filing

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documents under seal appear to be inconsistent with the local rules. For example, the proposed

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order requires a party to file documents under seal where sealing has not been successfully

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challenged by the opponent. Prop. Order at 12. But under Civil Local Rule 79-5(d) ("Filing a

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Document Designated Confidential by Another Party"), no document shall be filed under seal

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unless the party who has designated it confidential has demonstrated by affidavit that it is indeed

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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

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(presumably after the fact) does not relieve the party seeking to file under seal from its burden of

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showing that the information is "privileged or protectable as a trade secret of otherwise entitled to

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protection under the law." Id. Nor does the absence of an opposition avoid the Court's

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determination on the sealability question. The proposed stipulation effectively circumvents the

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Court's review process and is, therefore, improper.

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The parties may file a revised stipulated protective order that is consistent with the local

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rules.
IT IS SO ORDERED.

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Dated: February 11, 2013

___________________________
KANDIS A. WESTMORE
UNITED STATES MAGISTRATE JUDGE

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United States District Court
Northern District of California

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