Brocade Communications Systems, Inc. et al v. A10 Networks, Inc. et al

Filing 430

ORDER Requiring A10 to Comply with Civil Local Rule 79-5(d). Signed by Judge Lucy H. Koh on 1/5/2012. (lhklc1, COURT STAFF) (Filed on 1/5/2012)

1
2
3
4
5
6
7
8
9

United States District Court
For the Northern District of California

10
11
12
13
14
15
16
17

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION
BROCADE COMMUNICATIONS SYSTEMS,
INC., a Delaware corporation, and FOUNDRY
NETWORKS, LLC, a Delaware limited liability
company,

)
)
)
)
)
Plaintiffs and Counterclaim Defendants, )
)
v.
)
)
A10 NETWORKS, INC., a California
)
corporation; LEE CHEN, an individual;
)
RAJKUMAR JALAN, an individual; RON
)
SZETO, an individual; DAVID CHEUNG, an )
individual; LIANG HANG, an individual; and )
STEVE HWANG, an individual,
)
)
Defendants and Counterclaimants.
)
)

Case No.: 10-CV-03428-LHK
ORDER REQUIRING A10 TO COMPLY
WITH CIVIL LOCAL RULE 79-5(D)

On December 22, 2011, Brocade filed a motion for leave to file under seal portions of

18

Plaintiffs’ expert’s declaration and associated exhibits in support of claim construction and

19

summary judgment oppositions. ECF No. 419. Brocade seeks to file under seal the entirety of

20

Exhibits J and K to the Gambhir Declaration and portions of the Rubin Declaration on the grounds

21

that theses documents may contain A10’s confidential, privileged and trade secret information

22

including references to and analyses of A10’s source code.

23

Pursuant to Civil Local Rule 79-5(d), when a party seeks to file a document designated

24

confidential by another party, the designating party must, within 7 days, “file with the Court and

25

serve a declaration establishing that the designated information is sealable, and must lodge and

26

serve a narrowly tailored proposed sealing order, or must withdraw the designation of

27

confidentiality.” More than 7 days have passed since Brocade filed its motion, and A10 has not

28

filed any declaration regarding Brocade’s motion to file under seal. A10 shall file a declaration y
1
Case No.: 10-CV-03428-LHK
ORDER REQUIRING A10 TO COMPLY WITH CIVIL LOCAL RULE 79-5(D)

1

5:00 p.m. on January 6, 2012, or, if it fails to do so, Exhibits J and K to the Gambhir Declaration

2

and the entire Rubin Declaration may be made part of the public record.

3
4

IT IS SO ORDERED.

5

Dated: January 5, 2012

_________________________________
LUCY H. KOH
United States District Judge

6
7
8
9

United States District Court
For the Northern District of California

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Case No.: 10-CV-03428-LHK
ORDER REQUIRING A10 TO COMPLY WITH CIVIL LOCAL RULE 79-5(D)