Clear-View Technologies, Inc., v. Rasnick et al
Filing
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ORDER by Judge Beth Labson Freeman granting 64 Administrative Motion to File Under Seal, denying 64 Motion for Costs. (blflc3S, COURT STAFF) (Filed on 7/30/2014)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
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CLEAR-VIEW TECHNOLOGIES, INC.,,
Case No. 13-cv-02744-BLF
Plaintiff,
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v.
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JOHN H. RASNICK, et al.,
Defendants.
United States District Court
Northern District of California
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ORDER
(1) GRANTING PLAINTIFF'S
ADMINISTRATIVE MOTION TO SEAL
PORTIONS OF DEFENDANTS’
PROPOSED AMENDED ANSWER,
STATEMENT OF ADDITIONAL
DEFENSES, AND COUNTERCLAIMS;
(2) DENYING PLAINTIFF’S MOTION
FOR COSTS
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On May 28, 2014, Defendants filed a Motion to File Under Seal their Proposed Amended
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Answer, Statement of Additional Defenses, and Counterclaims (“Def.’s Mot. to Seal”). (ECF 53)
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On June 18, 2014, the Court denied that Motion, without prejudice, for failure to articulate a
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compelling reason as to why the portions of the document should be sealed, pursuant to Phillips ex
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rel. Estates of Byrd v. General Motors Corp., 307 F.3d 1206, 1213 (9th Cir. 2002). (See Order on
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Def.’s Mot. to Seal, ECF 60 at 2) The Court noted in its Order that though Defendants had
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provided the Court with insufficient reasons to seal the portions of the document, (id.), the
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Plaintiff, in its own Motion to Seal granted by the Court on July 9, 2014, (Pl.’s First Mot. to Seal,
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ECF 58), had provided the Court with a declaration (“the Bea Declaration”) which articulated
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specific reasons as to why the agreements in question were confidential, and which were sufficient
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for this Court to seal portions of documents filed by Plaintiff. (ECF 60 at 2; see also Order on Pl.’s
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First Mot. to Seal, ECF 61 at 2)
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The Court informed Defendants that, if they wished to re-file their Motion to Seal, they
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could either file with the Court a supplemental declaration stating additional reasons for sealing, or
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a document stating that they agreed with the rationale offered for sealing by Plaintiff in the Bea
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Declaration. (ECF 60 at 2) Defendants did not re-file their Motion to Seal following the Court’s
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Order.
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Now, in light of Defendants’ failure to re-file their Motion to Seal, Plaintiff brings a
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Motion to Seal the portions of Defendants’ Proposed Amended Answer, Statement of Additional
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Defenses, and Counterclaims, (“Pl.’s Second Mot. to Seal”), which Defendants originally sought
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to be sealed in their unsuccessful Motion to Seal.
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Plaintiff states that, upon receipt of the Court’s June 18, 2014 Order denying Defendants’
Motion to Seal, that Plaintiff’s counsel contacted Defendants “to request that Defendants either
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concur with Plaintiff’s declaration or file a supplemental declaration, as suggested by the Court.”
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(ECF 64 at 3) After Defendants took no action, on July 2, 2014 Plaintiff’s counsel reiterated this
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United States District Court
Northern District of California
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request by email, (ECF 64 Exh. A), and Defendants’ counsel responded that they would “file next
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week” a document with the Court. (Id.) In the four weeks that have elapsed since this
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correspondence with Plaintiff’s counsel, Defendants’ counsel has not filed any such document.
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Plaintiff now requests that the Court seal the portions of the document as initially
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requested by Defendants, so as “to ensure that Defendants’ inaction does not result in
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unauthorized public disclosure of CVT’s proprietary materials.” (ECF 64 at 3) Plaintiff’s counsel
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further requests that the Court reward them the costs they incurred in filing this Motion to Seal.
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In this case, both parties have designated the information sought to be sealed in the
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Proposed Amended Answer as proprietary or confidential. (See Johanson Decl., ECF 53-1; see
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also Bea Decl., ECF 58-1) Defendants simply failed to provide the Court with sufficient
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“compelling reasons” to seal. Plaintiff, however, has done so through the Bea Declaration. The
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attempt to seal the document is narrowly-tailored, pursuant to Civil Local Rule 79-5(d)(1)(B), as a
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redacted version has also been filed with the Court. As such, the Court GRANTS Plaintiff’s
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Motion to File Under Seal Portions of Defendants’ Proposed Amended Answer, Statement of
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Additional Defenses, and Counterclaims, as defined by Defendants in their original Motion to
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Seal. (ECF 60)
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The Court declines to award Plaintiff costs with regard to the filing of this Motion. The
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Court has reviewed paragraph 13.3 of the Protective Order entered in this case, (ECF 42 at 19),
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and determines that, although the Order appears to require the party seeking to file Protected
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Material to request a sealing order, which Defendants did, there is no requirement that, upon
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denial of that request, the party submit additional evidence. The Court appreciates Plaintiff’s
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frustration, but sanctions are not warranted here. Plaintiff’s Motion for Costs is DENIED.
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IT IS SO ORDERED.
Dated: July 30, 2014
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BETH LABSON FREEMAN
United States District Judge
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United States District Court
Northern District of California
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