ChriMar Systems Inc. et al v. Cisco Systems Inc. et al

Filing 360

ORDER re 355 Administrative Motion to File Under Seal; AND 339 Administrative Motion to File Under Seal ; AND DIRECTING DEFENDANTS TO SERVE ORDER. Signed by Judge Jeffrey S. White on 4/7/16. (jjoS, COURT STAFF) (Filed on 4/7/2016)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 CHRIMAR SYSTEMS INC, et al., Plaintiffs, 8 v. 9 10 CISCO SYSTEMS INC, et al., Defendants. 11 United States District Court Northern District of California Case No. 13-cv-01300-JSW ORDER REGARDING DEFENDANTS’ ADMINISTRATIVE MOTIONS TO SEAL AND DIRECTING DEFENDANTS TO SERVE ORDER Re: Docket Nos. 339 and 355 12 Defendants have filed two motions to seal, which pertain to the opening and reply briefs on 13 14 their motion for leave to amend, and exhibits submitted in support of that motion. According to 15 Defendants’ motion, Clyde Boenke designated certain materials as confidential. Although 16 Defendants served a copy of their motion on Mr. Boenke through his counsel, the Court has not 17 received a declaration on Mr. Boenke’s behalf that demonstrates why the material identified in the 18 motion to seal docketed at 339 should be maintained under seal. See N.D. Civ. L.R. 79-5(e). The 19 time to respond to the motion docketed at 355 has not yet passed, but it will expire shortly. The Court is tentatively inclined to file that much of the information designated by Mr. 20 21 Boenke should be filed in the public record. However, in light of the fact that Mr. Boenke is not a 22 party to this dispute, the Court shall give him a further opportunity to comply with Rule 79- 23 5(e)(1). Accordingly, by no later than April 25, 2016, Mr. Boenke shall submit a declaration 24 setting forth his position on why the materials identified by Defendants may be sealed. If Mr. Boenke fails to file such a declaration, he is HEREBY ADVISED that the Court is 25 26 likely to order the materials filed in the public record. 27 // 28 // 1 2 3 4 It is FU URTHER OR RDERED tha Defendant shall serve a copy of t Order on Mr. at nts this n Boenke. S RED. IT IS SO ORDER Da ated: April 7, 2016 , 5 6 JE EFFREY S. W WHITE Un nited States D District Judg ge 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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