Facebook, Inc. v. Fisher et al

Filing 69

Administrative Motion to File Under Seal filed by Facebook, Inc.. Motion Hearing set for 8/27/2010 09:30 AM. (Attachments: # 1 Declaration, # 2 Proposed Order)(Cutler, Joseph) (Filed on 8/26/2010)

Facebook, Inc. v. Fisher et al

Doc. 69 Att. 1

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Brian Hennessy State Bar No. 226721 [e-mail] PERKINS COIE LLP 101 Jefferson Drive Menlo Park, California 94025 Telephone: [phone] Facsimile: 650.838.4350 James McCullagh, pro hac vice [e-mail] Joseph Cutler, pro hac vice [e-mail] PERKINS COIE LLP 1201 Third Avenue, Suite 4800 Seattle, Washington 98101 Telephone: [phone] Facsimile: 206.359.9000 Attorneys for Plaintiff FACEBOOK, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

FACEBOOK, INC., a Delaware corporation, Plaintiff, v. JEREMI FISHER; PHILIP POREMBSKI; RYAN SHIMEALL; and JOHN DOES 125, individuals; and CHOKO SYSTEMS LLC; HARM, INC.; PP WEB SERVICES LLC, iMEDIA ONLINE SERVICES LLC, and JOHN DOES 26-50, corporations, Defendants.

Case No. C 09-05842 JF [PROPOSED] ORDER GRANTING MOTION FOR ADMINISTRATIVE RELIEF TO FILE CERTAIN PORTIONS OF DOCUMENTS UNDER SEAL AND TO CLOSE THE COURTROOM DURING ANY HEARINGS RELATED THERETO

Upon Consideration of Plaintiff Facebook, Inc.'s ("Facebook") Motion for Administrative Relief to File Under Seal Certain Portions of Documents Filed in Connection With Its
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[PROPOSED] ORDER GRANTING MN FOR ADMINISTRATIVE RELIEF Case No. C 09-05842 JF

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Application for Default Judgment, the authorities provided therein, and the supporting Declaration of Joseph P. Cutler, the Court finds there to be good cause for granting Facebook's request to file under seal the sections marked for redaction in the documents lodged in connection with Plaintiff Facebook's Application for Default Judgment Against Defendants Philip Porembski and PP Web Services, LLC. GOOD CAUSE having been shown, the Court finds that: (1) The parties possess overriding confidentiality interests that overcome the right of public access to the recording of the sections marked for redaction by Facebook, contained in the following documents: (a) Plaintiff Facebook, Inc.'s Application for, and Memorandum of Points and Authorities in Support of, Default Judgment Against Defendants Philip Porembski and PP Web Services, LLC; (b) Declaration of Joseph P. Cutler in Support of Plaintiff's Application for Default Judgment Against Defendants Philip Porembski and PP Web Services, LLC; and (c) Declaration of Facebook Employee in Support of Plaintiff's Application for Default Judgment Against Defendants Philip Porembski and PP Web Services, LLC. (2) The parties possess overriding confidentiality interests that overcome the right of public access to any hearings where oral arguments related to Facebook's Application for Default Judgment will involve discussion of confidential or proprietary information. IT IS THEREFORE ORDERED that Facebook's Motion for Administrative Relief to File Under Seal Certain Portions of Documents Filed in Connection With Its Application for Default Judgment is GRANTED. IT IS FURTHER ORDERED that the Clerk of the Court shall file under seal the unredacted documents referenced above, keeping those documents from public inspection in accordance with the procedure set forth in Local Rule 79-5(f). The Court shall further accept for filing the redacted versions of the above-referenced documents, making those redacted versions of the documents available for public inspection.
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[PROPOSED] ORDER GRANTING MN FOR ADMINISTRATIVE RELIEF Case No. C 09-05842 JF

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IT IS FURTHER ORDERED that no party to this action shall publish (by electronic means or otherwise) or directly or indirectly disclose or cause to be disclosed to the public, or to any person or entity that is not a party to this action or counsel to a party to this action, the unredacted documents, or any portion thereof that is redacted in the redacted documents, without an order from the Court granting permission to do so. IT IS FURTHER ORDERED that any hearing to consider Facebook's Application for Default Judgment shall be held in a closed courtroom where only the parties to this matter, declarants whose declarations are on file in this matter, and counsel representing parties to this matter may be present.

Dated: ___________________, 2010

_______________________________ The Honorable Jeremy Fogel United States District Judge Northern District of California

Presented by: PERKINS COIE LLP By /s/ Joseph P. Cutler Attorneys for Plaintiff Facebook, Inc.

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[PROPOSED] ORDER GRANTING MN FOR ADMINISTRATIVE RELIEF Case No. C 09-05842 JF