KnowledgePlex, Inc. v. Placebase, Inc.

Filing 39

ORDER GRANTING re 36 MOTION to Seal. Signed by Judge Jeremy Fogel on 10/20/08. (dlm, COURT STAFF) (Filed on 10/28/2008)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DANIEL J. BERGESON, Bar No. 105439 dbergeson@be-law.com DONALD P. GAGLIARDI, Bar No. 138979 dgagliardi@be-law.com CAROLINE McINTYRE, Bar No. 159005 cmcintyre@be-law.com BERGESON, LLP 303 Almaden Boulevard, Suite 500 San Jose, CA 95110-2712 Telephone: (408) 291-6200 Facsimile: (408) 297-6000 KENNETH W. BROTHERS (admitted pro hac vice) brothersk@dickensteinshapiro.com DICKSTEIN SHAPIRO, LLP 1825 Eye Street, N.W. Washington, D.C. 20006 Telephone: (202) 420-4128 Facsimile: (202) 420-2201 Attorneys for Defendant METONYMY, INC. d/b/a PLACEBASE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION KNOWLEDGEPLEX, INC., Plaintiff, vs. PLACEBASE, INC. A/K/A METONYMY, INC. Defendant. Case No. C08-04267 JF -------------[proposed] ORDER GRANTING PLACEBASE'S ADMINISTRATIVE MOTION FOR LEAVE TO FILE DOCUMENTS UNDER SEAL Complaint Filed: Trial Date: September 10, 2008 Not Set [proposed] ORDER GRANTING PLACEBASE'S ADMINISTRATIVE MOTION FOR LEAVE TO FILE DOCUMENTS UNDER SEAL CASE NO. C08 04267 JF 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Now before the Court is defendant Placebase's Administrative Motion For Leave To File Documents Under Seal. Upon consideration of the Administrative Motion for Leave to File Documents Under Seal and the supporting declaration of Donald P. Gagliardi filed therewith, the Court finds there to be good cause for granting Placebases's request to file documents under seal. GOOD CAUSE having been shown, the Court finds that: (1) The parties possess an overriding confidentiality interest that overcomes the right of public access in the following documents: Portions of Placebase's Reply Brief in Support of Its Motion for Preliminary Injunction and Fees Under 17 U.S.C. 512(f) AND 28 U.S.C. 1927. Page 4, portions of line 19. Page 6 portions of lines 15, 17 and 18. Portions of Supplemental Declaration of Jaron Waldman In Support of Placebase's Reply to KPI's Opposition to Placebase's Motion for Preliminary Injunction and Fees. (2) (3) Page 2, portions of line 5. Page 3, portions of lines 4, 5 and 6. The parties' overriding confidentiality interests support sealing the record; A substantial probability exists that the parties' overriding confidentiality interest will be prejudiced if these records are not sealed; (4) (5) The proposed sealing is narrowly tailored; and No less restrictive means exist to achieve this overriding interest. IT IS THEREFORE ORDERED that Placebase's Motion for Leave to File Documents Under Seal is GRANTED. IT IS SO ORDERED. 10/20 Dated: __________________, 2008 Hon. Jeremy Fogel UNITED STATES DISTRICT JUDGE [proposed] ORDER GRANTING PLACEBASE'S ADMINISTRATIVE MOTION FOR LEAVE TO FILE DOCUMENTS UNDER SEAL 1 CASE NO. C08 04267 JF

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