PersonalWeb Technologies LLC v. Google, Inc. et al

Filing 313

ORDER RE: COMPLIANCE WITH CIVIL LOCAL RULE 79-5(d). The court extends the deadline for the parties to file declarations pursuant to Civil Local Rule 79-5(d) until 7/8/2014. Failure to file a compliant declaration by the extended deadline will result in an order denying the sealing motions in whole or in part. Signed by Judge Edward J. Davila on 7/3/2014. (ejdlc1S, COURT STAFF) (Filed on 7/3/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION
CASE NO. 5:13-cv-01317 EJD

PERSONALWEB TECHNOLOGIES, LLC,
et. al.,

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For the Northern District of California

United States District Court

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

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Plaintiff(s),
v.

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GOOGLE, INC., et. al.,
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Defendant(s).
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Presently before the court are two Motions to Seal certain documents filed by the parties in

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connection with Defendants’ Motion to Stay Pending Inter-Parties Review and Arbitration. See

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Docket Item Nos. 303, 309. Part of Defendants’ sealing request involves documents designated

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confidential by Plaintiffs. The entirety of Plaintiffs’ sealing request involves documents desiganted

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confidential by Defendants.

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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
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CASE NO. 5:13-cv-01317 EJD
ORDER RE: COMPLIANCE WITH CIVIL LOCAL RULE 79-5(d)

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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.

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The sealing motions were filed on May 21, 2014, and June 13, 2014, respectively. Yet,

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neither party has filed an appropriate declaration pursuant to the relevant portion of Civil Local Rule

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79-5(d) supporting their confidentiality designations in response to the opposing party’s Motion to

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Seal.

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Accordingly, the court extends the deadline for the parties to file declarations pursuant to
Civil Local Rule 79-5(d) until July 8, 2014. Failure to file a compliant declaration by the extended

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For the Northern District of California

United States District Court

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deadline will result in an order denying the sealing motions in whole or in part.

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IT IS SO ORDERED.

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Dated: July 3, 2014
EDWARD J. DAVILA
United States District Judge

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CASE NO. 5:13-cv-01317 EJD
ORDER RE: COMPLIANCE WITH CIVIL LOCAL RULE 79-5(d)