LifeScan Scotland, Ltd. v. Shasta Technologies, LLC et al

Filing 304

ORDER RE: COMPLIANCE WITH CIVIL LOCAL RULE 79-5(d). The court extends the deadline for Defendants to file a declaration pursuant to Civil Local Rule 79-5(d) until 5/30/2013 at 4:00 p.m. Signed by Judge Edward J. Davila on 5/28/2013. (ejdlc1, COURT STAFF) (Filed on 5/28/2013)

1
2
3
4
5
6
7

IN THE UNITED STATES DISTRICT COURT

8

FOR THE NORTHERN DISTRICT OF CALIFORNIA

9

SAN JOSE DIVISION
CASE NO. 5:11-cv-04494 EJD

LIFESCAN SCOTLAND, LTD.,

11

ORDER RE: COMPLIANCE WITH
CIVIL LOCAL RULE 79-5(d)

Plaintiff(s),
For the Northern District of California

United States District Court

10

12
13

v.
SHASTA TECHNOLOGIES, LLC, et. al.,
[Docket Item No(s). 297]

14
Defendant(s).
15

/

16

Presently before the court is Plaintiffs' administrative motion pursuant to Civil Local Rule

17

79-5(d) to file under seal certain documents previously designated as confidential by Defendants.

18

See Docket Item No. 297.

19
20
21
22
23
24
25
26
27
28

Civil Local Rule 79-5(d) states:
If a party wishes to file a document that has been designated
confidential by another party pursuant to a protective order, or if a
party wishes to refer in a memorandum or other filing to information
so designated by another party, the submitting party must file and
serve an Administrative Motion for a sealing order and lodge the
document, memorandum or other filing in accordance with this rule.
If only a portion of the document, memorandum or other filing is
sealable, the submitting party must also lodge with the Court a
redacted version of the document, memorandum or other filing to be
placed in the public record if the Court approves the requested sealing
order. Within 7 days thereafter, the designating party must file with
the Court and serve a declaration establishing that the designated
information is sealable, and must lodge and serve a narrowly tailored
proposed sealing order, or must withdraw the designation of
confidentiality. If the designating party does not file its responsive
declaration as required by this subsection, the document or proposed
filing will be made part of the public record.
1
Case No. 5:11-cv-04494 EJD
ORDER RE: COMPLIANCE WITH CIVIL LOCAL RULE 79-5(d)

1

Plaintiffs' administrative motion was filed on May 17, 2013. From that date, Defendants

2

should have filed a declaration pursuant to Civil Local Rule 79-5(d) on or before May 24, 2013. To

3

date no such declaration has been filed.

4

Accordingly, the court extends the deadline for Defendants to file a declaration pursuant to

5

Civil Local Rule 79-5(d) until Thursday, May 30, 2013, at 4:00 p.m. Defendants are notified that

6

failure to file a compliant declaration by the extended deadline will result in an order denying

7

Plaintiffs' administrative motion and directing Plaintiffs to file the referenced documents as part of

8

the public record - even those previously designated as confidential.

9

IT IS SO ORDERED.

11
For the Northern District of California

United States District Court

10
Dated: May 28, 2013
EDWARD J. DAVILA
United States District Judge

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2

Case No. 5:11-cv-04494 EJD
ORDER RE: COMPLIANCE WITH CIVIL LOCAL RULE 79-5(d)