Michael Malone v. eBay, Inc.

Filing 237

ORDER BY JUDGE JEREMY FOGEL GRANTING IN PART AND DENYING IN PART 222 PLAINTIFFS' ADMINISTRATIVE MOTION TO UNSEAL DOCUMENTS. (jflc2, COURT STAFF) (Filed on 7/7/2009)

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
1

**E-Filed 7/7/09**

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

Case No. C07-1882-JF (RS) IN RE EBAY SELLER ANTITRUST LITIGATION ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' ADMINISTRATIVE MOTION TO UNSEAL DOCUMENTS [Docket No. 222]

On June 15, 2009, Ann Farmer, Michael Malone, and Todd Van Pelt ("Plaintiffs") filed an administrative motion to unseal certain documents previously filed under seal.1 Plaintiffs argue that the information in several of the exhibits submitted in support of their motion for class certification is not confidential because the corresponding documents either are publicly available or relate to events that took place several years ago. Plaintiffs thus assert that the documents should be made a part of the public record. On June 22, 2009, Defendant eBay and third party American Online ("AOL") each filed separate opposition to the motion. Plaintiffs seek to unseal exhibits 1-13, 15, 17-19, 21-24, 26-29, 32-33, 35, 37, 39, 41-51, The parties entered into a protective order on March 26, 2008.

28

C a s e No. C07-01882-JF (RS) O R D E R GRANTING IN PART AND DENYING IN PART MOTION TO UNSEAL DOCUMENTS (JFEX2)

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

54-57, 59-60, 63-70, 73-87, 89-91, 93-95, 98-103, 105, 106, 108, 116, 121, and 123-126. eBay concedes that exhibits 1-12, 26-27, 39, 67 and 105 do not contain confidential information. Accordingly, the motion will be granted as to these documents. However, eBay and AOL contend that the remaining exhibits should remain under seal because they reflect, contain, or are derived from confidential commercial information of value, the disclosure of which could cause an unreasonable risk of commercial or competitive harm. With respect to these remaining exhibits, Plaintiffs offer only conclusory statements that the documents now reside in the public domain or relate to activities that took place more than a decade ago. Pursuant to Civil Local Rule 7-11, "[a] motion for an order concerning a miscellaneous administrative matter . . . must set forth specifically the action requested and the reasons supporting the motion . . ." Accordingly, the remaining exhibits will remain sealed.

IT IS SO ORDERED.

DATED: July 7, 2009

__________________________________ JEREMY FOGEL United States District Judge

2
C ase No. C07-01882-JF O R D E R GRANTING IN PART AND DENYING IN PART MOTION TO UNSEAL DOCUMENTS (JFEX2)

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

Copies of Order served on: Aaron H. Darsky [e-mail] Beverly Tse [e-mail] Brynly R. Llyr [e-mail] Christine Pedigo Bartholomew [e-mail], [e-mail] Daniel Hume [e-mail] David E. Kovel [e-mail] George W. Sampson [e-mail] Stephen Rabin [e-mail], [e-mail] Jeff D Friedman [e-mail], [e-mail], [e-mail], [e-mail], [e-mail] Jeffrey Squire [e-mail] Joseph P. Garland [e-mail] Joseph V. McBride [e-mail] Julie Dawn Wood [e-mail], [e-mail] Katherine Robison [e-mail], [e-mail] Michael Andrew McShane [e-mail] Michael Frederick Tubach [e-mail], [e-mail] Randall W. Edwards [e-mail] Reginald Von Terrell [e-mail] Rosemary M. Rivas [e-mail] Shana E. Scarlett [e-mail], [e-mail] Steve W. Berman [e-mail], [e-mail] Susan L. Germaise [e-mail] Thomas Patrick Brown [e-mail], [e-mail]

3
C ase No. C07-01882-JF O R D E R GRANTING IN PART AND DENYING IN PART MOTION TO UNSEAL DOCUMENTS (JFEX2)