Coupons, Inc. v. Stottlemire

Filing 140

Administrative MOTION to File Under Seal re #139 filed by Coupons, Inc. (Attachments: #1 (Proposed) Order (Cusack, Dennis) (Filed on 2/3/2009) Text modified on 2/4/2009 (bw, COURT STAFF).

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Farella Braun & Martel LLP 235 Montgomery Street, 17th Floor San Francisco, CA 94104 [phone]

Neil A. Goteiner (State Bar No. 083524) [e-mail] Dennis M. Cusack (State Bar No. 124988) [e-mail] Carly O. Alameda (State Bar No. 244424) [e-mail] Farella Braun & Martel LLP 235 Montgomery Street, 17th Floor San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff COUPONS, INC.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

COUPONS, INC., Plaintiff, vs. JOHN STOTTLEMIRE, Defendant

Case No. 5:07-CV-03457 HRL PLAINTIFF COUPONS, INC.'S ADMINISTRATIVE MOTION TO FILE UNDER SEAL Date: February 24, 2009 Time: 10:00 a.m. Courtroom: 2 Judge: Honorable Howard R. Lloyd

Pursuant to Federal Rule of Civil Procedure 26(c) and N.D. Cal. Civil L.R. 7-11 and 79-5, plaintiff Coupons, Inc. ("Coupons") hereby requests permission to file under seal the Declaration of Steven Boal in Opposition to Defendant's Motion to Summarily Enforce the Settlement Agreement, paragraphs 16-23, dated February 3, 2009. Coupons' Administrative Motion is based upon this Motion, the Declaration of Dennis Cusack in Support of Administrative Motion to File Under Seal, and the [Proposed] Order Granting Coupons' Administrative Motion to File Under Seal. N.D. Cal. Civil L.R. 79-5 recognizes that a court order authorizing the sealing of a document is proper when the requesting party establishes that the document contains information
PLAINTIFF'S ADMINISTRATIVE MOTION TO FILE UNDER SEAL 5:07-CV-03457 HRL

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Farella Braun & Martel LLP 235 Montgomery Street, 17th Floor San Francisco, CA 94104 [phone]

that is privileged and subject to protection as a trade secret or otherwise entitled to protection under the laws. Coupons has lodged the specified portions of Mr. Boal's declaration under seal. As set forth in the accompanying Cusack Declaration, such information is entitled to protection because the redacted portions contain sensitive business information and communications that were made in a confidential manner. Coupons has included this information in support of its opposition to Stottlemire's motion in response to the Court's request to explain the prejudice to Coupons that Stottlemire's fraud and breach have created. The public dissemination of this information, however, would serve to further prejudice Coupons' business interests. The probability of Stottlemire publicizing this information significantly increases without the Court entering the requested sealing order. Stottlemire's actions to date leave little doubt of this risk of publication absent a sealing order. For the foregoing reasons, Coupons respectfully requests that the Court enter an order allowing it to file under seal the Declaration of Steven Boal in Opposition to Defendant's Motion to Summarily Enforce the Settlement Agreement, paragraphs 16-23.

Dated: February 3, 2009

FARELLA BRAUN + MARTEL LLP

By:

/s/ Dennis M. Cusack

22675\1857063.1

PLAINTIFF'S ADMINISTRATIVE MOTION TO FILE UNDER SEAL 5:07-CV-03457 HRL

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