Guzik Technical Enterprises, Inc. v. Western Digital Corporation et al

Filing 221

ORDER SEALING DOCUMENTS SUBJECT TO WESTERN DIGITAL'S UNOPPOSED ADMINISTRATIVE MOTION FOR LEAVE TO FILE UNDER SEAL DOCUMENTS SUBMITTED IN SUPPORT OF WESTERN DIGITAL'S MOTION TO COMPEL PRODUCTION OF DOCUMENTS (D.I. 190), re 199 . Signed by Judge Paul S. Grewal on 7/10/2013. (ofr, COURT STAFF) (Filed on 7/10/2013)

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1 2 3 4 5 6 7 8 9 10 11 12 JAMES GILLILAND, Bar No. 107988 jgilliland@kilpatricktownsend.com ROBERT TADLOCK, Bar No. 238479 rtadlock@kilpatricktownsend.com MEGAN CHUNG, Bar No. 232044 mchung@kilpatricktownsend.com KILPATRICK TOWNSEND & STOCKTON LLP Two Embarcadero Center, 8th Floor San Francisco, CA 94111 Telephone: (415) 576-0200 Facsimile: (415) 576-0300 ANNE M. ROGASKI, Bar No. 184754 arogaski@kilpatricktownsend.com KILPATRICK TOWNSEND & STOCKTON LLP 1080 Marsh Road Menlo Park, CA 94025 Telephone: (650) 326-2400 Facsimile: (650) 326-2422 Attorneys for Plaintiff and Counter-Defendant GUZIK TECHNICAL ENTERPRISES UNITED STATES DISTRICT COURT 13 FOR THE NORTHERN DISTRICT OF CALIFORNIA 14 SAN JOSE DIVISION 15 16 17 18 19 20 21 22 23 24 25 DANIEL J. BERGESON, Bar No. 105439 dbergeson@be-law.com MELINDA M. MORTON, Bar No. 209373 mmorton@be-law.com JAIDEEP VENKATESAN, Bar No. 211386 jvenkatesan@be-law.com BERGESON, LLP 303 Almaden Boulevard, Suite 500 San Jose, CA 95110-2712 Telephone: (408) 291-6200 Facsimile: (408) 297-6000 GUZIK TECHNICAL ENTERPRISES, a CALIFORNIA CORPORATION, v. Plaintiff, WESTERN DIGITAL CORPORATION, a Delaware corporation, WESTERN DIGITAL TECHNOLOGIES, INC., a Delaware corporation, WESTERN DIGITAL (FREMONT), INC., a Delaware corporation, WESTERN DIGITAL (THAILAND) COMPANY LIMITED, a Thailand corporation, and WESTERN DIGITAL (MALAYSIA) SDN.BHD., a Malaysia corporation, inclusive, Defendants. Civil Action No. CV11-03786 PSG [PROPOSED] ORDER SEALING DOCUMENTS SUBJECT TO WESTERN DIGITAL’S UNOPPOSED ADMINISTRATIVE MOTION FOR LEAVE TO FILE UNDER SEAL DOCUMENTS SUBMITTED IN SUPPORT OF WESTERN DIGITAL’S MOTION TO COMPEL PRODUCTION OF DOCUMENTS (D.I. 190) Date: Judge: Ctrm: June 4, 2013, 10:00 a.m. Hon. Paul Singh Grewal 5, 4th Floor Complaint Filed: Trial Date: August 1, 2011 December 2, 2013 26 27 28 [PROPOSED] ORDER SEALING DOCUMENTS SUBJECT TO WESTERN DIGITAL’S UNOPPOSED ADMINISTRATIVE MOTION FOR LEAVE TO FILE UNDER SEAL (D.I. 190) CASE NO. CV11-03786 PSG -1- Upon consideration of Western Digital’s Unopposed Administrative Motion for Leave to 1 2 File Under Seal Documents Submitted in Support of Western Digital’s Motion to Compel 3 Production of Documents (D.I. 190) (“Administrative Motion”), the documents subject to Western 4 Digital’s Administrative Motion, and the Declaration of Anne M. Rogaski in support of Western 5 Digital’s Administrative Motion, the Court finds there to be good cause for granting in part 6 Western Digital’s request to file the following documents under seal: 7 1. 8 9 10 Woodhouse in Support of Western Digital’s Motion to Compel Production of Documents (D.I. 191-1) (“Woodhouse Declaration”). 2. 11 12 Portions of Exhibits 10, 14, 18, and 20 to the Declaration of Michelle P. The entirety of Exhibits 7, 15, 17, 21, 22, 23, 27, and 28 to the Woodhouse Declaration. 13 In making the finding that good causes exists for sealing the records above, the Court 14 15 makes the following additional findings in support thereof: 1. 16 GTE possesses an overriding confidentiality interest that overcomes the right of 17 public access to portions of Exhibits 10, 14, 18, and 20 to the Woodhouse Declaration, and the 18 entirety of Exhibits 7, 15, 17, 21, 22, 23, 27, and 28 of the Woodhouse Declaration; 2. 19 20 GTE does not allege a confidentiality interest in the remaining documents subject to Western Digital’s Administrative Motion; 21 3. GTE’s overriding confidentiality interest support sealing the record; 22 4. A substantial probability exists that GTE’s overriding confidentiality interest will 23 be prejudiced if the records are not sealed; 24 5. The proposed sealing is narrowly tailored; and 25 6. No less-restrictive means exist to achieve this overriding interest. 26 /// 27 /// 28 /// [PROPOSED] ORDER SEALING DOCUMENTS SUBJECT TO WESTERN DIGITAL’S UNOPPOSED ADMINISTRATIVE MOTION FOR LEAVE TO FILE UNDER SEAL (D.I. 190) CASE NO. CV11-03786 PSG -2- 1 IT IS THEREFORE ORDERED that Western Digital’s Unopposed Administrative Motion 2 for Leave to File Under Seal Documents Submitted in Support of Western Digital’s Motion to 3 Compel Production of Documents (D.I. 190) is GRANTED-IN-PART. Portions of Exhibits 10, 4 14, 18, and 20 and the entirety of Exhibits 7, 15, 17, 21, 22, 23, 27, and 28 to the Declaration of 5 Michelle P. Woodhouse in Support of Western Digital’s Motion to Compel Production of 6 Documents shall be filed under seal. 7 8 IT IS SO ORDERED. 9 10 11 DATED: July 10, 2013 12 ____________________________ HON PAUL SINGH GREWAL United States Magistrate Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 65432153V.1 [PROPOSED] ORDER SEALING DOCUMENTS SUBJECT TO WESTERN DIGITAL’S UNOPPOSED ADMINISTRATIVE MOTION FOR LEAVE TO FILE UNDER SEAL (D.I. 190) CASE NO. CV11-03786 PSG -3-

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