Google Inc. v. American Blind & Wallpaper Factory, Inc.

Filing 280

MOTION to Seal Document Notice of Motion and Motion for Administrative Relief Seeking an Order Sealing Documents for Filing in Relation to Google's Reply in Support of Its Motion for Summary Judgment filed by Google Inc., Google Inc.. (Attachments: # 1 Proposed Order)(Hamm, Klaus) (Filed on 2/2/2007)

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Google Inc. v. American Blind & Wallpaper Factory, Inc. Doc. 280 Case 5:03-cv-05340-JF Document 280 Filed 02/02/2007 Page 1 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 KEKER & VAN NEST, LLP MICHAEL H. PAGE - #154913 MARK A. LEMLEY - #155830 KLAUS H. HAMM - #224905 AJAY S. KRISHNAN - #222476 710 Sansome Street San Francisco, CA 94111-1704 Telephone: (415) 391-5400 Facsimile: (415) 397-7188 Attorneys for Plaintiff and Counter Defendant GOOGLE INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA GOOGLE INC., a Delaware corporation, Plaintiff, v. AMERICAN BLIND & WALLPAPER FACTORY, INC., a Delaware corporation d/b/a decoratetoday.com, Inc., and DOES 1100, inclusive, Defendants. AMERICAN BLIND & WALLPAPER FACTORY, INC., a Delaware corporation d/b/a decoratetoday.com, Inc., Counter-Plaintiff, v. GOOGLE INC., Counter-Defendant. Case No. C 03-5340-JF (RS) NOTICE OF MOTION AND MOTION FOR ADMINISTRATIVE RELIEF SEEKING AN ORDER SEALING DOCUMENTS FOR FILING IN RELATION TO GOOGLE'S REPLY IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT 389336.01 NOTICE OF MOTION AND MOTION FOR ADMINISTRATIVE RELIEF SEEKING AN ORDER SEALING DOCUMENTS FOR FILING IN RELATION TO GOOGLE'S REPLY IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT CASE NO. C 03-5340-JF (RS) Dockets.Justia.com Case 5:03-cv-05340-JF Document 280 Filed 02/02/2007 Page 2 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE OF MOTION AND MOTION FOR ADMINISTRATIVE RELIEF SEALING DOCUMENTS TO ALL PARTIES AND THEIR COUNSEL OF RECORD: Pursuant to Civil Local Rules 79-5(d) and 7-11(a), Plaintiff and Counter-Defendant Google Inc. ("Google") hereby gives notice to all counsel of record of its Motion for Administrative Relief Seeking an Order Sealing Documents For Filing in Relation to Google's Reply In Support of its Motion for Summary Judgment ("Administrative Motion"). By way of this Administrative Motion, Google requests an order sealing certain portions of its Reply In Support of its Motion for Summary Judgment ("Google's Reply") Google's Reply cites to Exhibit G to the Supplemental Declaration of Klaus Hamm In Support of Google's Motion for Summary Judgment. Exhibit G contains excerpts from the deposition testimony of Jeffrey Alderman, an ABWF employee. Google's Reply cites to Ex. K of the Declaration of Paul Garrity In Support of American Blind & Wallpaper Factory, Inc.'s Opposition to Google's Motion for Summary Judgment. Ex. K contains confidential business testimony by Google personnel as well as documents produced by Google that have been previously filed under seal pursuant to the Stipulated Protective Order signed by all parties to this litigation and approved by the Court on September 19, 2005 ("Protective Order"). Additionally, Google cites to Exhibit L to the Hamm Declaration In Support of Google's Motion for Summary Judgment. Exhibit L which was filed under seal. Pursuant to Local Rule 79-5(c), Google moves to file under seal unredacted copies of the Google's Reply, and an unredacted version of Google's Reply is lodged with the Clerk concurrently with this Administrative Motion. Pursuant to Civil Local Rule 79-5(d), Exhibit G to the Supplemental Hamm Declaration is lodged with the Clerk concurrently with this Administrative Motion. Local Rule 79-5(d) outlines the procedure that ABWF must follow within five days of the filing of this Administrative Motion if it wishes to maintain the confidential designation of Exhibit G. 1 NOTICE OF MOTION AND MOTION FOR ADMINISTRATIVE RELIEF SEEKING AN ORDER SEALING DOCUMENTS FOR FILING IN RELATION TO GOOGLE'S REPLY IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT CASE NO. C 03-5340-JF (RS) 389336.01 Case 5:03-cv-05340-JF Document 280 Filed 02/02/2007 Page 3 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: February 2, 2007 KEKER & VAN NEST, LLP By: /s/ Klaus H. Hamm KLAUS H. HAMM Attorneys for Plaintiff and Counter Defendant GOOGLE INC. 2 NOTICE OF MOTION AND MOTION FOR ADMINISTRATIVE RELIEF SEEKING AN ORDER SEALING DOCUMENTS FOR FILING IN RELATION TO GOOGLE'S REPLY IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT 389336.01 CASE NO. C 03-5340-JF (RS)

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