Genentech, Inc. v. Trustees of the University of Pennsylvania

Filing 423

ORDER DENYING ADMINISTRATIVE MOTIONS TO FILE UNDER SEAL re 342 Administrative Motion to File Under Seal the University's Letter Brief Motion to Compel re: Roche and Exhibits A to E, N and P thereto filed by Trustees of the University of Pennsylvania, 394 Administrative Motion to File Under Seal Exhibits A & B to the Declaration of James A High, Jr. ISO of Plaintiff's Motion to Compel Regarding Dr. Okudaira filed by Genentech, Inc., 336 Administrative Motion to File Under Seal Letter Brief and Exhibits to Plaintiff's Motion to Compel filed by Genentech, Inc., 319 Administrative Motion to File Under Seal Opposition to Genentech's Request to Reopen Argument and Exhibit D Thereto filed by Trustees of the University of Pennsylvania. Signed by Judge Paul S. Grewal on 12/7/2011. (psglc2, COURT STAFF) (Filed on 12/7/2011)

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1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 SAN JOSE DIVISION 12 13 14 15 16 17 18 GENENTECH, INC., ) ) Plaintiff and ) Counterclaim ) Defendant, ) v. ) ) ) THE TRUSTEES OF THE UNIVERSITY ) OF PENNSYLVANIA, a Pennsylvania ) non-profit corporation, ) Case No.: C 10-2037 LHK (PSG) ORDER DENYING ADMINISTRATIVE MOTIONS TO FILE UNDER SEAL (Re: Docket Nos. 319, 336, 342, 394) Defendant. ___________________________________ 19 Before the court are several administrative motions to file under seal documents that the 20 opposing party has designated “confidential” pursuant to the Protective Order in this case. Pursuant 21 to Civ. LR 79-5(d), a party that wishes to file or refer to information designated confidential by 22 another party must lodge the document with the court in accordance with Civ. L.R. 79-5. Within 23 seven (7) days, the designating party must file with the court and serve a declaration establishing 24 that the designated information is sealable1 and a “narrowly tailored sealing order,” or withdraw the 25 26 27 28 1 The Ninth Circuit has explained that “[h]istorically, courts have recognized a ‘general right to inspect and copy public records and documents, including judicial records and documents. This right is justified by the interest of citizens in ‘keeping a watchful eye on the workings of public agencies.’” Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1179 (9th Cir. 2006) (internal citations omitted). “A ‘good cause’ showing under Rule 26(c) will suffice to keep sealed records attached to nondispositive motions.” Id. at 1181. ORDER, page 1 1 designation of confidentiality. Should the designating party fail to do so within seven days, the 2 document or proposed filing is made part of the public record.2 3 Here, Plaintiff Genentech, Inc. (“Genentech”) administratively moves to file under seal 4 Exhibits A & B to the Declaration of James A. Hight, Jr. in support of Genentech’s motion to 5 compel regarding Dr. Okudaira,3 as well as various documents and the letter brief in support of 6 Genentech’s motion to compel regarding a redwell produced in this case.4 Defendant The Trustees 7 of the University of Pennsylvania (“the University”) administratively moves to file under seal its 8 opposition brief and Exhibit D to a request to reopen arguments,5 as well as the University’s letter 9 brief motion to compel re the Roche matter, and accompanying Exhibits A-E, N, and P.6 Both 10 11 parties’ administrative motions are based on confidentiality designations made by the other party. The court has reviewed the docket and finds that no supporting declarations or narrowly 12 tailored proposed orders to seal have been filed by the designating party with respect to any of the 13 above-referenced administrative motions. Accordingly, 14 15 16 17 18 Genentech and the University’s administrative motions to file the above documents under seal are DENIED. The parties are advised to comply with Civ. L.R. 79-5, G.O. 62, and Fed. R. Civ. P. 26(c) with respect to any future administrative motions to file documents under seal. IT IS SO ORDERED. 19 20 Dated: 12/7/2011 PAUL S. GREWAL United States Magistrate Judge 21 22 23 24 2 Civ. LR 79-5(d). 3 See Docket No. 394. 4 See Docket No. 336. 5 See Docket No. 319. 6 See Docket No. 342. 25 26 27 28 ORDER, page 2

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