Cellspin Soft, Inc. v. Fitbit, Inc.

Filing 230

ORDER TO SHOW CAUSE Show Cause Response due by 8/24/2021. Signed by Judge Kandis A. Westmore on 8/17/2021. (wft, COURT STAFF) (Filed on 8/17/2021)

Case 4:17-cv-05928-YGR Document 230 Filed 08/17/21 Page 1 of 2

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CELLSPIN SOFT, INC.,
Plaintiff,

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ORDER TO SHOW CAUSE

v.

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Re: Dkt. Nos. 216, 223

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FITBIT, INC.,
Defendant.

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United States District Court
Northern District of California

Case No. 17-cv-05928-YGR (KAW)

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On August 5, 2021, Defendants filed an administrative motion to file under seal exhibits in

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support of their opposition to a pending motion to quash. (Dkt. No. 216.) On August 12, 2021,

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Defendants filed a second administrative motion to file under seal an exhibit in support of a joint

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discovery letter. (Dkt. No. 223.) The basis for sealing was that these exhibits were identified by

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Plaintiff Cellspin Soft, Inc. as confidential. (Dkt. No. 216 at 2; Dkt. No. 223 at 2.)

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Per Local Rule 79-5(e), when “the Submitting Party is seeking to file under seal a

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document designated as confidential by the opposing party . . . (1) [w]ithin 4 days of the filing of

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the Administrative Motion to File Under Seal, the Designating Party must file a declaration as

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required by subsection 79-5(d)(1)(A) establishing that all of the designated material is sealable.”

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As of the date of this order, Plaintiff has not filed the required declarations. Accordingly,

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Plaintiff is ordered, within one week of the date of this order, to: (1) file the required declarations

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establishing that the designated material is sealable, and (2) respond to this order to show cause by

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explaining why it did not file timely declarations. The declarations must be narrowly tailored to

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information that is sealable and must explain with sufficient detail why the information should be

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sealed. Failure to comply with this order will result in this Court denying Defendants’ motions to

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Case 4:17-cv-05928-YGR Document 230 Filed 08/17/21 Page 2 of 2

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file under seal.
IT IS SO ORDERED.
Dated: August 17, 2021
__________________________________
KANDIS A. WESTMORE
United States Magistrate Judge

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United States District Court
Northern District of California

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