RSI Corporation v. International Business Machines Corporation et al

Filing 122

ORDER granting 119 Administrative Motion to File Under Seal Portions of Its Papers Filed In Support of Its Opposition To Plaintiff's Motion To Compel Production of Documents and Interrogatory Responses and Overruling Objections To Depositions filed by International Business Machines Corporation. Signed by Judge Ronald M. Whyte on April 4, 2012. (rmwlc2, COURT STAFF) (Filed on 4/4/2012)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 SAN JOSE DIVISION 10 RSI CORP., dba RESPONSIVE SYSTEMS 11 COMPANY, a New Jersey corporation, 12 13 Plaintiff, vs. 14 INTERNATIONAL BUSINESS MACHINES CORPORATION; and DOES DEFENDANTS 15 1-20, 16 Defendants. CASE NO. 5:08-cv-3414 RMW (PVT) ORDER GRANTING DEFENDANT IBM’S ADMINISTRATIVE MOTION TO FILE UNDER SEAL PORTIONS OF ITS PAPERS FILED IN SUPPORT OF ITS OPPOSITION TO PLAINTIFF’S MOTION TO COMPEL PRODUCTION OF DOCUMENTS AND INTERROGATORY RESPONSES AND OVERRULING OBJECTIONS TO DEPOSITION OF INTERNATIONAL BUSINESS MACHINES CORPORATION 17 18 19 20 21 22 23 24 25 26 27 28 Case No. 5:08-cv-3414 RMW ORDER GRANTING MOTION FOR ADMINISTRATIVE RELIEF TO FILE UNDER SEAL 1 Defendant International Business Machines Corporation (“IBM”) has submitted an 2 administrative request to seal portions of its papers filed in support of its Opposition to Plaintiff’s 3 Motion to Compel Production of Documents and Interrogatory Responses and Overruling 4 Objections to Deposition (the “Motion”). The request is made on the basis that the documents 5 sought to be sealed reflect confidential information designated as protected pursuant to the 6 Stipulated Protective Order entered on September 23, 2010 (Dkt. #91). 7 Good cause appearing, the court GRANTS IBM’s Motion for Administrative Relief To 8 File Under Seal and ORDERS that the following documents be filed under seal until further order 9 of the court: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Document Defendant’s Opposition to Plaintiff’s Motion to Compel Production of Documents and Interrogatory Responses and Overruling Objections· to Deposition of lnternational Business Machines Corporation. Declaration of Jonathan Bradshaw in support of Defendant’s Opposition to RSI’ s Motion to Compel Production of Documents and Interrogatory Responses and Overruling Objections to Deposition of International Business Machines Corporation Declaration of Jackie Buford in support of Defendant’s Opposition to RSI’ s Motion to Compel Production of Documents and Interrogatory Responses and Overruling Objections to Deposition of International Business Machines Corporation Declaration of Scott Commerson in support of Defendant’s Opposition to RSI’ s Motion to Compel Production of Documents and Interrogatory Responses and Overruling Objections to Deposition of International Business Machines Corporation Exhibit A to the Declaration of Scott Commerson in support of Defendant’s Opposition to RSI’ s Motion to Compel Production of Documents and Interrogatory Responses and Overruling Objections to Deposition of International Business Machines Corporation Exhibit B to the Declaration of Scott Commerson in support of Defendant’s Portions Accepted Under Seal The portions of this document indicated by yellow highlighting of the document text: Page 10, line 19 through page 11 line 2; Page 11, lines 7-10; Page 18, lines 14-22; Pages 18-19, note 16. The portions of this document indicated by yellow highlighting of the document text: Page 3, lines 14-27; Page 4, lines 9-17. The portions of this document indicated by yellow highlighting of the document text: Page 2, lines 20-22; Page 3, line 26 through page 4 line 2; Page 4, line 4 through page 5 line 15. The portions of this document indicated by yellow highlighting of the document text: Page 6, line 28 through page 7, line 7; Page 7, note 5 The entirety of this document The entirety of this document Case No. 5:08-cv-3414 RMW ORDER GRANTING MOTION FOR ADMINISTRATIVE RELIEF TO FILE UNDER SEAL 1 2 3 4 Opposition to RSI’ s Motion to Compel Production of Documents and Interrogatory Responses and Overruling Objections to Deposition of International Business Machines Corporation Exhibit E to Declaration of Scott Commerson 5 Page 9, lines 17-19; Page 22, lines 19-24; Page 24, lines 4-7, 19-28; Page 27, lines 13-14, 23-25; Page 33, lines 1-9; Exhibit A. The portions of this document indicated by yellow highlighting of the document text: 6 7 8 9 10 11 12 13 14 15 International Business Machines Corporation's Consolidated Separate Statement in Support of Opposition to RSI's Motion to Compel Further Responses to First Set of Requests for Production of Documents International Business Machines Corporation's Consolidated Separate Statement in Support of Opposition to RSI's Motion to Compel Further Responses to Second Set of Requests for Production of Documents 16 The portions of this document indicated by yellow highlighting of the document text: Page 4, lines 4-9; Page 7, lines 10-15; Page 10, lines 8-13; Page 13, lines 8-13; Page 16, lines 8-13. The portions of this document indicated by yellow highlighting of the document text: Page 4, lines 10-15; Page 7, lines 10-14; Page 10, lines 10-14; Page 13, lines 10-14; Page 20, line 28 through page 21, line 4. 17 18 DATED: April 4 , 2012 19 20 21 The Honorable Ronald M. Whyte United States District Judge 22 23 24 25 26 27 28 Case No. 5:08-cv-3414 RMW ORDER GRANTING MOTION FOR ADMINISTRATIVE RELIEF TO FILE UNDER SEAL

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