Abaxis, Inc. v. Cepheid

Filing 126

CORRECTION OF DOCKET # 125 . ORDER Denying Administrative Motion to File Under Seal. Signed by Judge Lucy H. Koh on 2/24/2012. (lhklc1, COURT STAFF) (Filed on 2/24/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

United States District Court
For the Northern District of California

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ABAXIS, INC.,
Plaintiff,
v.
CEPHEID,
Defendant.

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Case No.: 10-CV-02840-LHK
ORDER DENYING ADMINISTRATIVE
MOTION TO FILE UNDER SEAL

Plaintiff-Counterdefendant Abaxis, Inc. (“Abaxis”) filed an Administration Motion to File

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Under Seal the parties’ Supplemental Joint Case Management Conference Statement. See ECF No.

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121. However, the Court finds that Abaxis failed to comply with Civil Local Rule 79-5, which

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requires that a request to file documents under seal be “narrowly tailored to seek sealing only of

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sealable material.” Civ. L. R. 79-5(a). Abaxis’s Proposed Order seeks to file under seal the entire

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Supplemental Joint Case Management Conference Statement. See ECF No. 121-2. Even a request

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to seal Section II.A of the Supplemental Joint Case Management Conference Statement is overly

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broad. See Decl. of Ricardo Rodriguez in Supp. of Admin. Mot. to File Under Seal. Abaxis may

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redact only those portions of Section II.A that contain sealable information.

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Furthermore, Abaxis has failed to “publicly e-file, as an exhibit to the administrative motion
to file under seal, a proposed public redacted version of the documents that the party is seeking to

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Case No.: 10-CV-02840-LHK
ORDER DENYING ADMINISTRATIVE MOTION TO FILE UNDER SEAL

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file under seal,” as required pursuant to the Court’s December 1, 2011 Civil Standing Order

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Regarding Motions to File Under Seal. See also Gen. Order No. 62.

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For the foregoing reasons, Abaxis’s Administrative Motion to File Under Seal is DENIED

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without prejudice. Abaxis is hereby ORDERED to comply with the Court’s December 1, 2011

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Civil Standing Order Regarding Motions to File Under Seal, General Order No. 62, and Civil Local

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Rule 79-5 by Monday, February 27, 2012, at 10:00 a.m.

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IT IS SO ORDERED.

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Dated: February 24, 2012

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LUCY H. KOH
United States District Judge

United States District Court
For the Northern District of California

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Case No.: 10-CV-02840-LHK
ORDER DENYING ADMINISTRATIVE MOTION TO FILE UNDER SEAL