Oracle America, Inc. v. Innovative Technology Distributors, LLC

Filing 118

ORDER re (109 in 5:11-cv-01043-LHK) Administrative Motion to File Under Seal. Signed by Judge Lucy H. Koh on 2/14/12. (lhklc3, COURT STAFF) (Filed on 2/14/2012)

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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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ORACLE AMERICA, INC.,
Plaintiff,
v.
INNOVATIVE TECHNOLOGY
DISTRIBUTORS, INC.,
Defendant.

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Case No.: 11-CV-01043-LHK
Related Case No: 11-CV-02135-LHK
ORDER RE: ADMINISTRATIVE
MOTION TO FILE UNDER SEAL
(re: dkt. #109)

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On February 1, 2012, Plaintiff filed an Administrative Motion to File Under Seal Oracle’s
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Renewed Motion to Compel Production of ITD’s General Ledger (“Sealing Motion”). ECF No.
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109. In the Motion, Plaintiff requests sealing of certain deposition testimony and documents
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produced by ITD designated “Confidential” by ITD under the Stipulated Protective Order in this
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action. See ECF No. 103. Plaintiff also seeks to seal portions of Oracle’s Renewed Motion to
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Compel Production of ITD’s General Ledger and portions of the Declaration of James Pampinella
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that reflect or discuss the contents of those designated ITD documents and testimony. ECF No.
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109 at 2.
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As noted in the Protective Order, parties must comply with Civil Local Rule 79-5 when
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filing with the Court materials that have been designated as Confidential or Attorneys’ Eyes Only.
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See ECF No. 103 at 8. Pursuant to Local Rule 79-5(d), when a party moves to seal documents
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designated as sealable by another party, the designating party must file a supporting declaration
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Case No.: 11-cv-01043-LHK
Related Case No.: 11-cv-02135-LHK
ORDER RE: ADMINISTRATIVE MOTION TO FILE UNDER SEAL

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within 7 days, or the sealing motion will be denied. More than 7 days have passed, and Defendant

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has not filed a supporting declaration. If Defendant objects to the public filing of the documents

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identified in plaintiffs’ Sealing Motion, it shall file a declaration stating the basis for asserting

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confidentiality of each exhibit Plaintiff seeks to seal. If no such declaration is filed by February 20,

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2012, the Court will order the relevant documents to be publicly filed without sealing.

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In the future, failure to comply with the local rules and to submit declarations in support of

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motions to seal will result in denial of sealing motions and public filing of documents without

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further notice.

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IT IS SO ORDERED.

United States District Court
For the Northern District of California

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Dated: February 14, 2012

_________________________________
LUCY H. KOH
United States District Judge

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Case No.: 11-cv-01043-LHK
Related Case No.: 11-cv-02135-LHK
ORDER RE: ADMINISTRATIVE MOTION TO FILE UNDER SEAL