Aqua-Lung America, Inc. v. American Underwater Products, Inc., dba Oceanic et al

Filing 118

ORDER RE: 107 GRANTING IN PART AND DENYING IN PART MOTION TO SEAL, AS MODIFIED BY THE COURT. Signed by Judge Richard Seeborg on 02/22/2010. (rslc3, COURT STAFF) (Filed on 2/22/2010)

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
KAUTH, POMEROY, PECK & BAILEY LLP

*E-Filed 02/22/2010* UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

AQUA-LUNG AMERICA, INC., A Delaware Corporation, Plaintiff, vs. AMERICAN UNDERWATER PRODUCTS, INC., d/b/a OCEANIC, a California Corporation, and TWO FORTY DEUCE CORPORATION, a Colorado Corporation, Defendants, and Related Counterclaims.

Case No. C 07 2346 RS [PROPOSED] ORDER GRANTING IN PART AND DENYING IN PART MOTION TO SEAL, AS MODIFIED BY THE COURT Judge: Hon. Richard Seeborg

Before the Court is plaintiff's Administrative Motion to File Under Seal (Docket # 107) Exhibits Designated as Confidential by Defendant Two Forty Deuce Corporation.

[PROPOSED] ORDER CASE NO. C 07 2346 RS

-1 -

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
KAUTH, POMEROY, PECK & BAILEY LLP

Having reviewed the materials lodged in connection with this motion, and the supporting declaration filed by counsel for Two Forty Deuce, the Court finds that Exhibit 3(TF 00354-358) and Exhibit 12(TF 00474-475) contain information confidential and proprietary to Two Forty Deuce Corporation, and that publication of such documents would cause harm to Two Forty Deuce. Good cause therefore exists for filing such documents under seal. The Court hereby finds that the Motion should be GRANTED and ORDERS that: The documents previously lodged by Aqua-Lung America, Inc. as Exhibit 3(TF 00354358), and Exhibit 12(TF 00474-475), are hereby ordered to be filed under seal. *

Dated:

02/22/2010 Hon. Richard Seeborg United States District Court Judge

* The Designating Party has waived confidentiality as to Exhibit 14 (TF 000544-000554). Therefore the motion to seal is denied as to this Exhibit. Pursuant to Civil Local Rule 79-5(e), the original set of Exhibits 3, 12, and 14 which plaintiff lodged with the Clerk of Court will be held for pickup in the Clerk's office in San Jose for three days from the date of this order. The chambers copies of Exhibits 3, 12, and 14 are currently in San Francisco and will be held for pickup in the Clerk's office in San Francisco for three days from the date of this order. If these copies are not retrieved within this time period, they will be destroyed. Plaintiff may re-file Exhibit 14 in the public record and the remaining Exhibits under seal in accordance with Rule 79-5.

[PROPOSED] ORDER CASE NO. C 07 2346 RS

-2 -