Narayan et al v. EGL, Inc. et al

Filing 211

Order by Hon. Ronald M. Whyte denying 200 Administrative Motion to File Under Seal.(rmwlc1, COURT STAFF) (Filed on 2/6/2012)

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E-FILED on

2/6/2012

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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SAN JOSE DIVISION

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MOHIT NARAYAN, HANNA RAHAWI,
THOMAS HEATH and UGO IHEONU, on
behalf of themselves and all others similarly
situated,

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Plaintiffs,
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v.
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EGL, INC., a Texas Corporation; CEVA
Freight, LLC, a Delaware Corporation, and
DOES 2-10, inclusive,

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Defendants.
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No. C-05-04181 RMW

ORDER DENYING DEFENDANTS'
ADMINISTRATIVE MOTION TO FILE
UNDER SEAL THE DECLARATION OF
FRASER A. McALPINE IN SUPPORT OF
DEFENDANTS' OPPOSITION TO
PLAINTIFFS' MOTION FOR CLASS
CERTIFICATION AND EXHIBITS 1 AND 2
THERETO
[Re Docket No. 200]

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On January 13, 2012, defendants requested leave to file the following documents under seal

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pursuant to Civil Local Rules 7-11 and 79-5(d): (1) the Declaration of Fraser A. McAlpine in

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Support of Defendants' Opposition to Plaintiffs' Motion for Class Certification; and (2) Exhibits 1

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and 2 attached thereto. Dkt. No. 200. Plaintiffs have designated the contents of Exhibits 1 and 2 as

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confidential, and the Declaration of Fraser A. McAlpine references documents plaintiffs have

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ORDER DENYING DEFENDANTS' ADMINISTRATIVE MOTION TO FILE UNDER SEAL THE DECLARATION OF FRASER A.
McALPINE IN SUPPORT OF DEFENDANTS' OPPOSITION TO PLAINTIFFS' MOTION FOR CLASS CERTIFICATION AND
EXHIBITS 1 AND 2 THERETO —No. C-05-04181 RMW
LJP

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designated confidential. However, plaintiffs have not filed a declaration establishing that the

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designated information is sealable as required by Civil Local Rule 79-5(d):

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Within 7 days [after the submitting party has filed the motion to seal], the designating
party must file with the Court and serve a declaration establishing that the designated
information is sealable, and must lodge and serve a narrowly tailored proposed
sealing order, or must withdraw the designation of confidentiality. If the designating
party does not file its responsive declaration as required by this subsection, the
document or proposed filing will be made part of the public record.

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Accordingly, defendants' request to file under seal is denied. Within four days from the date
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of this order, defendants shall file an underacted version of the subject documents in the public
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record. See Civil Local Rule 79-5(e).
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United States District Court
For the Northern District of California

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DATED:

February 6, 2012
RONALD M. WHYTE
United States District Judge

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ORDER DENYING DEFENDANTS' ADMINISTRATIVE MOTION TO FILE UNDER SEAL THE DECLARATION OF FRASER A.
McALPINE IN SUPPORT OF DEFENDANTS' OPPOSITION TO PLAINTIFFS' MOTION FOR CLASS CERTIFICATION AND
EXHIBITS 1 AND 2 THERETO —No. C-05-04181 RMW
LJP
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