West Marine, Inc v. Watercraft Superstore, Inc

Filing 23

ORDER GRANTING WEST MARINE'S ADMINISTRATIVE MOTION TO FILE UNDER SEAL 13 . Signed by Magistrate Judge Howard R. Lloyd on 2/2/2012.(hrllc1, COURT STAFF) (Filed on 2/2/2012)

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** E-filed February 2, 2012 **

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

NOT FOR CITATION

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United States District Court

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SAN JOSE DIVISION

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WEST MARINE, INC.,
Plaintiff,

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v.
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WATERCRAFT SUPERSTORE; INC; and
DOES 1-50,

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No. C11-04459 HRL
ORDER GRANTING WEST
MARINE’S ADMINISTRATIVE
MOTION TO FILE UNDER SEAL

Defendants.
____________________________________/

[Re: Docket No. 13]

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Plaintiff West Marine, Inc. (“West Marine”) has moved for an administrative order to file

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under seal certain documents in connection with its Opposition to Defendant’s Motion to Dismiss.

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West Marine alleges that all of the following have been designated confidential by the defendant,

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Watercraft Superstore, Inc. (“Watercraft”): 1) pages 33-35 and 77-83 of the deposition of Greg

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Pickren (Dkt. 14, Exh. 3 (“Pickren Depo.”)); 2) summaries of Watercraft’s sales numbers and sales

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through Ebay, marked as WATER000037-000038 (“Exhibit 7 to Pickren Depo.”); 3) summaries of

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Watercraft’s sales number, marked as WATER00002 (“Exhibit 8 to Pickren Depo.”); 4) summaries

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of Watercraft’s purchases from suppliers, marked as WATER00003 (“Exhibit 9 to Pickren Depo.”);

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5) Watercraft’s Objections and responses to West Marine’s first set of interrogatories (“Exhibit 10 to

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Pickren Depo.” and “Exhibit E to Chang Dec.” (Dkt. No. 14, Exh. 5)); and 6) references to the

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above in West Marine’s Opposition brief (Dkt. No. 14). See Dkt. No. 13.

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Plaintiff’s motion notified Watercraft of its duty to file and serve a declaration establishing

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that the designated exhibits were sealable within seven days. See Civ. L.R. 79-5(d). Watercraft filed

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a declaration on February 1, which attests that its sales volume and individual supplier volume are

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confidential because Watercraft has never released this information or made it available to the

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public. Dkt. No. 22. In addition to the first five items listed above, Watercraft identifies 12 portions

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of West Marine’s Opposition that address confidential information. See Dkt. No. 22 ¶ 4. Further,

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Watercraft declares that disclosure of this information would benefit its competitors to its detriment.

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Id. at 2. Accordingly, the court concludes that the material for which sealing is sought is confidential

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commercial information, and public disclosure would likely harm defendants. The motion to seal is

For the Northern District of California

United States District Court

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therefore GRANTED.

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The Clerk shall SEAL the following: pages 33-35 and 77-83 of the Pickren Deposition, and

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Exhibits 7, 8, 9, and 10 thereto (Dkt. No. 14, Exh. 3); and from West Marine’s Opposition, 1) Page

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1:23-24; 2) Page Page 6:11,15, fn.8; 3) Page 7:7-9,11-12, fn.10; 4) Page 8:9; 5) Page 14:11, 21; 6)

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Page 15:16-18; and 7) Page 19:14.

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IT IS SO ORDERED.
Dated: February 2, 2012
HOWARD R. LLOYD
UNITED STATES MAGISTRATE JUDGE

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C11-04459 HRL Notice will be electronically mailed to:

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Ian Ballon
Lisa C. McCurdy
Benjamin Ross Lemke
David Harlan Fingerman
Kathryn G. Spelman
Lori Chang

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[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]

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Counsel are responsible for distributing copies of this document to co-counsel who have not
registered for e-filing under the court’s CM/ECF program.

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For the Northern District of California

United States District Court

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