Google Inc. et al v. Egger et al

Filing 122

MOTION to File Opposition to Defendants' Mtn to Dismiss & Certain Exhibits to the Declaration ISO Same Under Seal filed by Google Inc.. (Attachments: # 1 Proposed Order)(Walsh, Thomas) (Filed on 7/24/2009)

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1 2 3 4 5 6 7 8 9 10 11 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION CASE NO. CV 08-03172-RMW [PROPOSED] ORDER GRANTING PLAINTIFFS GOOGLE INC., AOL LLC, IAC SEARCH & MEDIA, INC., AND LYCOS, INC.'S ADMINISTRATIVE MOTION TO FILE UNDER SEAL PLAINTIFFS GOOGLE INC., AOL LLC, IAC SEARCH & MEDIA, INC., AND LYCOS, INC.'S OPPOSITION TO DEFENDANTS' MOTION TO DISMISS, TRANSFER, OR STAY UNDER THE FIRST-TO-FILE RULE, UNDER RULE 12(B)(2) FOR LACK OF PERSONAL JURISDICTION, AND UNDER RULE 12(B)(1) FOR LACK OF SUBJECT MATTER JURISDICTION AND CERTAIN EXHIBITS TO DECLARATIONS IN SUPPORT THEREOF Hearing Date: August 21, 2009 Hearing Time: 9:00 am Courtroom: 6 (4th Floor) Judge: Hon. Ronald M. Whyte 12 GOOGLE INC., AOL LLC, YAHOO! INC., IAC SEARCH & MEDIA, INC., and 13 LYCOS, INC., 14 15 v. Plaintiffs, 16 L. DANIEL EGGER, SOFTWARE RIGHTS ARCHIVE, LLC, and 17 SITE TECHNOLOGIES, INC., 18 19 20 21 22 23 24 25 26 27 28 Defendants. [PROPOSED] ORDER GRANTING PLAINTIFFS GOOGLE INC., AOL LLC, IAC SEARCH & MEDIA, INC., AND LYCOS, INC.'S MOTION TO SEAL CASE NO. C-08-03172-RMW 1 Plaintiffs Google Inc., AOL LLC, IAC Search & Media, Inc., and Lycos, Inc. have 2 submitted an administrative request to seal (i) Plaintiff Google Inc., AOL LLC, IAC Search & 3 Media, Inc., and Lycos, Inc.'s Opposition to Defendants' Motion to Dismiss, Transfer, or Stay 4 Under the First-To-File Rule, Under Rule 12(b)(2) For Lack of Personal Jurisdiction, and Under 5 Rule 12(b)(1) For Lack of Subject Matter Jurisdiction; (ii) Exhibits B, D, K, O, R, S, T, U, V, BB, 6 CC, DD, EE, FF, HH, KK, LL, and PP to the First Declaration of Thomas B. Walsh, IV; and (iii) 7 Exhibits C, E, F, I, J, K, L and M to the Second Declaration of Thomas B. Walsh, IV. 8 The request is made on the basis that the documents sought to be sealed (i) relate to or 9 contain information considered to be confidential by at least one of the parties to this action and/or 10 by a third party from whom discovery was sought; (ii) relate to or contain information exchanged 11 during the course of discovery in this matter and/or the related action pending in the Eastern 12 District of Texas, Software Rights Archive, LLC v. Google Inc., et al., Case No. 07-CV-511 (the 13 "Texas Action"), and were designated by the producing party as "Confidential" or "Confidential 14 Attorneys' Eyes Only" pursuant to the Protective Order filed in the Texas Action (Dkt. No. 99-2, 15 November 4, 2008) and agreed to by the parties;1 and/or (iii) were filed under seal by a party in the 16 Texas Action. 17 Good cause appearing, the Court orders that the following documents be filed under seal: 18 (i) Plaintiffs Google Inc., AOL LLC, IAC Search & Media, Inc., and Lycos, Inc.'s Opposition to 19 Defendants' Motion to Dismiss, Transfer, or Stay Under the First-To-File Rule, Under Rule 20 12(b)(2) For Lack of Personal Jurisdiction, and Under Rule 12(b)(1) For Lack of Subject Matter 21 Jurisdiction; (ii) Exhibits B, D, K, O, R, S, T, U, V, BB, CC, DD, EE, FF, HH, KK, LL and PP to 22 23 The Agreed Protective Order (Dkt. No. 99-2) filed by all parties in the Texas Action on 24 November 4, 2008 has not yet been entered by the Court because there is one dispute among the parties that the Court has been asked to resolve, but this one dispute does not concern the authority 25 to file documents containing protected information under seal or to designate documents as "Confidential" or "Confidential Attorneys' Eyes Only" pursuant to that Protective Order. 26 27 28 1 [PROPOSED] ORDER GRANTING PLAINTIFFS GOOGLE INC., AOL LLC, IAC SEARCH & MEDIA, INC., AND LYCOS, INC.'S MOTION TO SEAL CASE NO. C-08-03172-RMW 1 1 the First Declaration of Thomas B. Walsh, IV; and (iii) Exhibits C, E, F, I, J, K, L and M to the 2 Second Declaration of Thomas B. Walsh, IV. 3 4 5 Dated: ________, 2009 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 [PROPOSED] ORDER GRANTING PLAINTIFFS GOOGLE INC., AOL LLC, IAC SEARCH & MEDIA, INC., AND LYCOS, INC.' S MOTION TO SEAL CASE NO. C-08-03172-RMW IT IS SO ORDERED. __________________________________________ Hon. Ronald Whyte UNITED STATES DISTRICT JUDGE

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