Synthes (USA) v. Spinal Kinetics Inc.

Filing 163

INTERIM ORDER re 150 Plaintiffs' Motion to Seal Documents. Defendant's declaration(s) re sealing due by 3/4/2011. Signed by Magistrate Judge Howard R. Lloyd on 2/25/2011. (hrllc2, COURT STAFF) (Filed on 2/25/2011)

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Synthes (USA) v. Spinal Kinetics Inc. Doc. 163 1 2 3 4 5 6 7 8 9 10 NOT FOR CITATION IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION SYNTHES USA, LLC (f/k/a SYNTHES (U.S.A.)); SYNTHES USA SALES, LLC; and SYNTHES, INC., Plaintiffs, v. SPINAL KINETICS, INC., Defendant. / 17 18 19 20 21 22 23 24 25 26 27 28 In connection with its motion to compel samples of the accused devices, plaintiffs move to seal certain documents on the ground that defendant claims that the subject information is confidential. (Docket No. 150). Defendant, however, failed to file declaration(s) establishing that the information is sealable. As such, the information is now subject to being made part of the public record pursuant to Civil Local Rule 79-5(d). Nevertheless, defendant will be given an additional opportunity to explain why sealing is required. Accordingly, no later than March 4, 2011, defendant shall file declaration(s) from appropriate person(s) showing why sealing is warranted. Defendant is advised that the mere designation of information pursuant to a stipulation or blanket protective order will not justify sealing. Instead, defendant must establish that the subject documents (or portions of thereof) are privileged or protectable as a trade secret or otherwise entitled to protection under the law. No. C09-01201 RMW (HRL) INTERIM ORDER RE PLAINTIFFS' MOTION TO SEAL DOCUMENTS *E-FILED 02-25-2011* United States District Court 11 For the Northern District of California 12 13 14 15 16 1 2 3 4 5 CIV. L. R. 79-5(a). If defendant believes that the information is not sealable, it shall so confirm for the court. SO ORDERED. Dated: February 25, 2011 HOWARD R. LLOYD 6 7 8 9 10 UNITED STATES MAGISTRATE JUDGE United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 2 3 5:09-cv-01201-RMW Notice has been electronically mailed to: Allan William Jansen Andre De La Cruz,,,, 4 Ehab Monsef Samuel 5 James W. Geriak 6 Jeffrey Martin Olson 7 Kurt Timothy Mulville 8 Matthew Spencer Jorgenson 9 Monte M.F. Cooper 10 Paul Howard Meier,,,,,,,, United States District Court 11 Robert W. Dickerson For the Northern District of California 12 Robert William Dickerson 13 Samuel N. Tiu 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 Counsel are responsible for distributing copies of this document to co-counsel who have not registered for e-filing under the court's CM/ECF program.

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