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

Filing 132

ORDER RE: 127 , 128 GRANTING IN PART AND DENYING IN PART MOTIONS TO FILE UNDER SEAL. Signed by Judge Richard Seeborg on 03/29/2010. (rslc3, COURT STAFF) (Filed on 3/29/2010)

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*E-Filed 03/29/2010*

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

United States District Court

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AQUA-LUNG AMERICA, INC., a Delaware Corporation, Plaintiff, No. C 07-02346 RS ORDER GRANTING IN PART AND DENYING IN PART MOTIONS TO FILE UNDER SEAL

For the Northern District of California

v.

AMERICAN UNDERWATER PRODUCTS, INC., d/b/a OCEANIC, a California Corporation; and TWO FORTY DEUCE CORPORATION, a Colorado Corporation, Defendants. ____________________________________/ Plaintiff Aqua-Lung has moved to file under seal its reply brief in support of its motion to dismiss Defendant Two Forty Deuce's fraud claim, as well as Exhibits C, D, E, and F thereto. Thereafter, pursuant to Civil Local Rule 79-5(d), defendant Two Forty Deuce, as designating party, filed a declaration in support of Aqua-Lung's sealing motion. The declaration waived confidentiality as to Exhibit C, but requested that the remainder of the sealing motion be granted. Therefore, good cause appearing, Aqua-Lung's sealing motion will be granted in part and denied in part as follows: 1) as to the reply brief in support of Aqua-Lung's motion to dismiss Two Forty
NO. C 07-02346 RS ORDER

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Deuce's fraud claim, the motion to seal is GRANTED; 2) as to Exhibit C thereto, the motion is DENIED; 3) as to Exhibits D, E, and F thereto, the motion is GRANTED. Aqua-Lung has also moved to file under seal its reply brief in support of its motion for summary judgment on Two Forty Deuce's trade secret misappropriation claim, as well as Exhibits A, C, D, F, G, H, and I thereto. Thereafter, pursuant to Civil Local Rule 79-5(d), Two Forty Deuce, as designating party, filed a declaration in support of Aqua-Lung's sealing motion. The declaration waived confidentiality as to Exhibits C, F, G, and I. It requests the sealing order be granted as to the reply itself and Exhibits A and D. As to Exhibit H, neither the Court nor Two Forty Deuce has received a copy. Therefore, good cause appearing, Aqua-Lung's sealing motion will be granted in part and denied in part as follows: 1) as to the reply brief in support of Aqua-Lung's motion for summary judgment on the trade secret misappropriation claim, the motion to seal is GRANTED; 2) as to Exhibits A and D thereto, the motion to seal is GRANTED; and 3) as to Exhibits C, F, G, H, and I, the motion to seal is DENIED. In accordance with Civil Local Rule 79-5(e), the Clerk's office in the San Francisco Division is directed to hold the lodged documents that are the subject of this sealing order until March 31, 2010, for Aqua-Lung, the submitting party, to retrieve them. Thereafter, if they are not retrieved, the Clerk should dispose of them. Aqua-Lung should then re-submit two reply briefs and their accompanying exhibits in accordance with Civil Local Rule 79-5(c)(3)-(5). Note that the lodged copies discussed in Rule 79-5(c)(3) & (4) should be filed with the Clerk's office in the San Jose Division.

United States District Court

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For the Northern District of California

IT IS SO ORDERED.

Dated: 03/29/2010 RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE

NO. C 07-02346 RS ORDER

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