Netscape Communications Corporation et al v. Federal Insurance Company et al

Filing 63

ORDER Denying 61 Stipulated Request to "Withdraw" Brief, Without Prejudice to a Request to Seal. Signed by Judge Patricia V. Trumbull on 10/25/06. (pvtlc1) (Filed on 10/25/2006)

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Netscape Communications Corporation et al v. Federal Insurance Company et al Doc. 63 Case 5:06-cv-00198-JW Document 63 Filed 10/25/2006 Page 1 of 1 1 2 3 4 5 6 7 8 9 10 NETSCAPE COMMUNICATIONS CORPORATION, UNITED STATES DISTRICT COURT NOR THE RN DISTRICT OF CALIFORNIA SAN JOSE DIVISION ) ) ) Plaintiff, ) ) v. ) ) FEDERAL INSURANCE COMPANY, et ) al., ) ) Defendants. ) ___________________________________ ) Case No.: C 06-0198 JW (PVT) OR D E R DENYING STIPULATED REQUEST T O "WITHDRAW" BRIEF FILED WITH THE CO U R T WITHOUT PREJUDICE TO A RE Q U E ST TO SEAL PURSUANT TO RULE 26(c) OF THE FEDERAL RULES OF CIVIL PR O C E D U R E AND CIVIL LOCAL RULE 79-5 United States District Court 11 12 For the Northern District of California 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On October 24, 2006, the parties filed a stipulation and proposed order seeking to "withdraw" a reply brief Plaintiffs filed with the court.1 Based on the stipulated request and the file herein, IT IS HEREBY ORDERED that the stipulated request is DENIED. The parties cite no legal authority for an order entirely removing a brief from the court's file.2 This order is without prejudice to a request to seal any confidential portions of the document pursuant to Rule 26(c) of the Federal Rules of Civil Procedure and this court's Civil Local Rule 79-5. Dated: 10/25/06 PATRICIA V. TRUMBULL Unit ed States Magistrate Judge The holding of this court is limited to the facts and the particular circumstances underlying the present motion. Removing briefs from the court's official file is, at a minimum, inconsistent with the public's right of access to court documents. See, e.g., San Jose Mercury News, Inc. v. U.S. Dist. Ct., 187 F.3d 1096, 1101-03 (9th Cir. 1999) (public has federal common-law right of access to court records in civil cases). OR D E R, page 1 2 1

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