Synthes (USA) v. Spinal Kinetics Inc.

Filing 200

ORDER by Judge Whyte denying 193 Administrative Motion to File Under Seal (rmwlc1, COURT STAFF) (Filed on 5/2/2011)

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E-FILED on 05/02/2011

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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SAN JOSE DIVISION

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SYNTHES USA, LLC (f/k/a SYNTHES
(U.S.A.)); SYNTHES USA SALES, LLC; and
SYNTHES, INC.,

No. C-09-1201 RMW

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ORDER DENYING SPINAL KINETIC,
INC.'S ADMINISTRATIVE MOTION TO
FILE UNDER SEAL: (1) ITS MOTION TO
DISMISS PLAINTIFFS SYNTHES, INC.
AND SYNTHES USA SALES, LLC FOR
LACK OF STANDING; AND (2) EXHIBITS
1-5 & 8 ATTACHED TO THE
DECLARATION OF ALLEN W. JANSEN IN
SUPPORT THEREOF

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[Re Docket No. 193]

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Plaintiffs,
v.
SPINAL KINETICS, INC.,
Defendant.

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On April 14, 2011, Spinal Kinetics requested administrative leave to file its motion to
dismiss for lack of standing and certain accompanying exhibits under seal pursuant to Civil Local
Rules 7-11 and 79-5. Synthes has designated material cited therein as "Confidential-Attorneys' Eyes
Only." However, Synthes has not filed a declaration establishing that the designated information is
sealable as required by Civil Local Rule 79-5(d):

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ORDER DENYING SPINAL KINETIC, INC.'S ADMINISTRATIVE MOTION TO FILE UNDER SEAL: (1) ITS MOTION TO
DISMISS PLAINTIFFS SYNTHES, INC. AND SYNTHES USA SALES, LLC FOR LACK OF STANDING; AND (2) EXHIBITS 1-5
& 8 ATTACHED TO THE DECLARATION OF ALLEN W. JANSEN IN SUPPORT THEREOF —No. C-09-1201 RMW
JLR

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Within 7 days [after the submitting party has filed the motion to seal], the designating
party must file with the Court and serve a declaration establishing that the designated
information is sealable, and must lodge and serve a narrowly tailored proposed
sealing order, or must withdraw the designation of confidentiality. If the designating
party does not file its responsive declaration as required by this subsection, the
document or proposed filing will be made part of the public record.

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Accordingly, Spinal Kinetic's request to file under seal is denied. Within four days from the
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date of this order, defendant shall file underacted versions of the subject documents in the public
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record. See Civil Local Rule 79-5(e).
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United States District Court
For the Northern District of California

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DATED:
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05/02/2011
RONALD M. WHYTE
United States District Judge

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ORDER DENYING SPINAL KINETIC, INC.'S ADMINISTRATIVE MOTION TO FILE UNDER SEAL: (1) ITS MOTION TO
DISMISS PLAINTIFFS SYNTHES, INC. AND SYNTHES USA SALES, LLC FOR LACK OF STANDING; AND (2) EXHIBITS 1-5
& 8 ATTACHED TO THE DECLARATION OF ALLEN W. JANSEN IN SUPPORT THEREOF —No. C-09-1201 RMW
JLR
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