Big Sun Energy Techology, Inc. v. Solaria Corporation

Filing 10

ORDER, ***Civil Case Terminated.. Signed by Judge Kandis A. Westmore on May 31, 2013. (kawlc2, COURT STAFF) (Filed on 5/31/2013)

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United States District Court
Northern District of California

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BIG SUN ENERGY TECHNOLOGY, INC.,
Plaintiff,

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v.

Case No.: 13-cv-1764 KAW
ORDER REGARDING THE PARTIES'
STIPULATION TO SEAL THE
COMPLAINT

SOLARIA CORPORATION,

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Defendant.

United States District Court
Northern District of California

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The parties have consented to the undersigned's jurisdiction in this case. On May 24,

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2013, the parties filed a stipulation and proposed order requesting that: 1) the complaint in this

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case be sealed, because it contains confidential information regarding solar cell manufacture and

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the technology of Defendant's products; and 2) the complaint be dismissed with prejudice.

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The Court will not approve the parties' stipulation to seal the complaint as it is currently

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written, because the parties have not made the showing required by Civil Local Rule 79-5. As 79-

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5(a) states, "A sealing order may issue only upon a request that establishes that the document, or

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portions thereof is privileged or protectable as a trade secret or otherwise entitled to protection

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under the law . . . The request must be narrowly tailored to seek sealing only of sealable material,

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. . . A stipulation, or a blanket protective order that allows a party to designate documents as

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sealable, will not suffice to allow the filing of documents under seal." Although the parties have

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stated that some of the information in the complaint is "confidential" information regarding

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Defendant's products, they have not explicitly explained that the information is a trade secret or is

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otherwise sealable. Moreover, there has been no showing that the entire complaint is sealable, or

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any indication as to which parts of the complaint are to be redacted and filed under seal.

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Accordingly, the parties' stipulation to file the complaint under seal is denied without
prejudice.

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Pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), a stipulation of dismissal signed

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by all of the parties who have appeared automatically dismisses the action, even without a Court

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order. Thus, the Clerk of the Court shall close this case.

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It is so ORDERED.

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Dated: May 31, 2013

___________________________
KANDIS A. WESTMORE
UNITED STATES MAGISTRATE JUDGE

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United States District Court
Northern District of California

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