Washtenaw County Employees Retirement System v. Celera Corporation et al

Filing 98

AMENDED ORDER re 96 Order RE: COMPLIANCE WITH CIVIL LOCAL RULE 79-5. The court extends the deadline for Defendants or any other interested party to file a declaration pursuant to Civil Local Rule 79-5(d) until Friday, 9/13/2013 at 4:00 p.m. Lead counsel for Plaintiff shall serve a copy of this order on any other interested party who has previously made confidentiality designations that may be affected by a sealing order. Signed by Judge Edward J. Davila on 9/10/2013. Signed by Judge Edward J. Davila on 9/10/2013. (ecg, COURT STAFF) (Filed on 9/11/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION
IN RE

CASE NO. 5:10-cv-02604 EJD

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For the Northern District of California

United States District Court

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CELERA CORPORATION
SECURITIES LITIGATION

AMENDED ORDER RE: COMPLIANCE
WITH CIVIL LOCAL RULE 79-5

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[Docket Item No(s). 94]

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Presently before the court is Plaintiff’s administrative motion pursuant to Civil Local Rule

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79-5(d) to file under seal portions of certain documents previously designated as confidential by

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Defendants or by third parties. See Docket Item No. 94.

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Civil Local Rule 79-5(d) states:
If a party wishes to file a document that has been designated
confidential by another party pursuant to a protective order, or if a
party wishes to refer in a memorandum or other filing to information
so designated by another party, the submitting party must file and
serve an Administrative Motion for a sealing order and lodge the
document, memorandum or other filing in accordance with this rule.
If only a portion of the document, memorandum or other filing is
sealable, the submitting party must also lodge with the Court a
redacted version of the document, memorandum or other filing to be
placed in the public record if the Court approves the requested sealing
order. Within 7 days thereafter, 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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CASE NO. 5:10-cv-02604 EJD
AMENDED ORDER RE: COMPLIANCE WITH CIVIL LOCAL RULE 79-5

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Plaintiff’s administrative motion was filed on August 30, 2013. From that date, Defendants

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or any other interested party should have filed a declaration pursuant to Civil Local Rule 79-5(d) on

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or before September 6, 2013. To date no such declaration has been filed.

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Accordingly, the court extends the deadline for Defendants or any other interested party to

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file a declaration pursuant to Civil Local Rule 79-5(d) until Friday, September 13, 2013, at 4:00

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p.m. Failure to file a compliant declaration by the extended deadline will result in an order denying

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Plaintiff’s administrative motion and directing Plaintiff to file the referenced documents as part of

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the public record - even those previously designated as confidential.

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Lead counsel for Plaintiff shall serve a copy of this order on any other interested party who
has previously made confidentiality designations that may be affected by a sealing order.

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For the Northern District of California

United States District Court

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IT IS SO ORDERED.

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Dated: September 10, 2013

EDWARD J. DAVILA
United States District Judge

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CASE NO. 5:10-cv-02604 EJD
AMEDED ORDER RE: COMPLIANCE WITH CIVIL LOCAL RULE 79-5