Callwave Commuinications, LLC v. WaveMarket, Inc.

Filing 48

ORDER REGARDING CALLWAVE'S ADMINISTRATIVE MOTION FOR LEAVE TO FILE UNDER SEAL DATED DECEMBER 15, 2014. Signed by Judge Laurel Beeler on 1/5/2015. (lblc2, COURT STAFF) (Filed on 1/5/2015)

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UNITED STATES DISTRICT COURT

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Northern District of California

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San Francisco Division
CALLWAVE COMMUNICATIONS, LLC,

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For the Northern District of California

UNITED STATES DISTRICT COURT

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Petitioner,
v.
WAVEMARKET, INC. D/B/A LOCATION
LABS,

No. C 14-80112 JSW (LB)
ORDER REGARDING CALLWAVE’S
ADMINISTRATIVE MOTION FOR
LEAVE TO FILE UNDER SEAL
DATED DECEMBER 15, 2014
[Re: ECF No. 42]

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Respondent.
_____________________________________/
On December 15, 2014, Callwave filed an administrative motion for leave to file under seal three

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documents that Location Labs designated as “Highly Confidential - Attorneys’ Eyes Only” in

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accordance with the protective order entered in this action. See Administrative Motion, ECF No. 42.

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In this situation, Civil Local Rule 79-5 requires the designating party—in this case, Location

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Labs—to file a declaration establishing that the three documents are sealable. Specifically, Civil

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Local Rule 79-5(e) provides:

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(e) Documents Designated as Confidential or Subject to a Protective Order. If
the Submitting Party is seeking to file under seal a document designated as
confidential by the opposing party or a non-party pursuant to a protective order, or a
document containing information so designated by an opposing party or a non-party,
the Submitting Party’s declaration in support of the Administrative Motion to File
Under Seal must identify the document or portions thereof which contain the
designated confidential material and identify the party that has designated the
material as confidential (“the Designating Party”). The declaration must be served on
the Designating Party on the same day it is filed and a proof of such service must also
be filed.

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ORDER
C 14-80112 JSW (LB)

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(1) Within 4 days of the filing of the Administrative Motion to File Under Seal, the
Designating Party must file a declaration as required by subsection 79-5(d)(1)(A)
establishing that all of the designated material is sealable.

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(2) If the Designating Party does not file a responsive declaration as required by
subsection 79-5(e)(1) and the Administrative Motion to File Under Seal is denied, the
Submitting Party may file the document in the public record no earlier than 4 days,
and no later than 10 days, after the motion is denied. A Judge may delay the public
docketing of the document upon a showing of good cause.

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So far, Location Labs has filed no such declaration. Locations Labs must do so by 12:00 PM

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noon on January 8, 2015 to avoid Callwave’s administrative motion being denied for this reason.

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IT IS SO ORDERED.
Dated: January 5, 2015

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_______________________________
LAUREL BEELER
United States Magistrate Judge

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For the Northern District of California

UNITED STATES DISTRICT COURT

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ORDER
C 14-80112 JSW (LB)

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