The Central Institute for Experimental Animals -v- The Jackson Laboratory

Filing 187

ORDER by Judge Whyte finding as moot 177 Motion to Amend/Correct, deferring ruling on 176 , 183 , 185 Administrative Motion to File Under Seal, and providing CIEA 10 days to submit further explanation regarding motion to file under seal. (rmwlc2, COURT STAFF) (Filed on 8/4/2010)

The Central Institute for Experimental Animals -v- The Jackson Laboratory

Doc. 187

1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. THE JACKSON LABORATORY, a Maine corporation, Defendant. THE CENTRAL INSTITUTE FOR EXPERIMENTAL ANIMALS, a Japanese corporation, Plaintiff, No. C-08-05568 RMW IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION E-FILED on 8/4/10

ORDER REGARDING STIPULATION AND MOTION TO SEAL

[Re Docket Nos. 176, 177, 183, 185, 186]

On July 23, 2010, the Jackson Laboratory ("Jackson") filed a motion for leave to amend its supplemental answer and counterclaims and for attorneys fees. Both Jackson and the Central Institute for Experimental Animals ("CIEA") moved to file under seal: (1) portions of Jackson's motion for leave to amend its supplemental answer and counterclaims and for attorneys fees and (2) portions of Exhibit A to the Declaration of Michael N. Rader, which contains Jackson's amended supplemental answer and counterclaims. On August 4, 2010, the parties filed a stipulation, in which CIEA agreed to permit Jackson to file an amended supplemental answer and counterclaims so long as Jackson withdraws its request for attorneys fees. Accordingly, Jackson withdrew its request for attorneys fees.

ORDER REGARDING STIPULATION AND MOTION TO SEAL--No. C-08-05568 RMW CCL

Dockets.Justia.com

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

In light of the parties' stipulation permitting Jackson to file an amended supplemental answer and counterclaims, Jackson's motion is moot, and the motion to file under seal portions of Jackson's motion is denied. Pursuant to the parties' stipulation, CIEA will have 21 days to answer or otherwise respond to Jackson's amended supplemental answer and counterclaims after they are filed. The only remaining matter for the court's consideration is the parties' motion to file portions of Jackson's amended supplemental answer and counterclaims under seal. A request to seal must establish that the document, or portions thereof, is privileged or protectable as a trade secret or otherwise entitled to protection under the law. Civ. L. R. 79-5(a). Having reviewed the portions of the amended supplemental answer and counterclaims that the parties seek to file under seal, the court finds that there does not appear to be a basis for filing this material under seal. Nonetheless, in an abundance of caution, the court provides CIEA with another opportunity to explain why this designated material is sealable. If CIEA does not submit a satisfactory explanation within ten days, the motion to file under seal portions of Jackson's amended supplemental answer and counterclaims will be denied.

DATED:

8/4/10

RONALD M. WHYTE United States District Judge

ORDER REGARDING STIPULATION AND MOTION TO SEAL--No. C-08-05568 RMW CCL 2