RSI Corporation v. International Business Machines Corporation et al

Filing 269

ORDER tentatively denying 258 motion to seal. Signed by Judge Whyte on 1/24/2013. (rmwlc2, COURT STAFF) (Filed on 1/24/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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Plaintiff,

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Case No. C-08-03414 RMW

RSI CORP., dba RESPONSIVE SYSTEMS
COMPANY, a New Jersey corporation,

ORDER TENTATIVELY DENYING
MOTION TO SEAL

vs.
INTERNATIONAL BUSINESS MACHINES
CORPORATION, a New York corporation;
and DOE DEFENDANTS 1-20,

[Re Docket No. 258]

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Defendants.
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The court tentatively denies IBM's motion to seal. Scott Commerson's declaration, Dkt.
No. 258-1, is insufficient to establish that the redacted information is "privileged or protectable as
a trade secret or otherwise entitled to protection under the law." L.R. 79-5(a). If IBM wishes the
information contained in its papers filed in support of its motion to continue the trial date and
Commerson's declaration to stay confidential, it must file a new declaration on or before February
6, 2013, setting forth with specificity and with supporting case law how the redacted information
constitutes a trade secret or is otherwise entitled to protection under the law.

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Dated: January 24, 2013
Ronald M. Whyte
United States District Court Judge

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ORDER
CASE NO. C-08-03414
SW

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