Finisar Corporation v. Nistica, Inc.

Filing 145

ORDER GRANTING 141 ADMINISTRATIVE MOTION TO FILE UNDER SEAL. Signed by Hon. Beth Labson Freeman on 1/13/2015.(blflc2, COURT STAFF) (Filed on 1/13/2015)

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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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FINISAR CORPORATION,

Case No. 13-cv-03345-BLF

Plaintiff,
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v.
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NISTICA, INC.,
Defendant.

ORDER GRANTING
ADMINISTRATIVE MOTION TO FILE
UNDER SEAL
[Re: ECF 141]

United States District Court
Northern District of California

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Before the Court is plaintiff Finisar Corporation’s Administrative Motion to File Under

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Seal, whereby Plaintiff seeks to seal portions of its motion to dismiss or strike portions of

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defendant Nistica’s Second Amended Answer, as well as Exhibit B in support thereof. Admin.

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Mot., ECF 141.

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Plaintiff represents that Exhibit B is a confidential settlement agreement entered between

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Plaintiff and Defendant in 2009, and that the portions of its motion sought to be sealed “addresses,

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quotes from, and cites to” this confidential agreement. Id. at 4; see also Decl. of Robin M. Davis ¶¶

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2-3, ECF 141-1. The 2009 settlement agreement contains a confidentiality provision prohibiting

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both parties from publicly disclosing the terms of the agreement. Admin. Mot. 4.

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The Court finds pursuant to Kamakana v. City & Cnty. of Honolulu, 447 F.3d 1172 (9th

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Cir. 2006) and Civil Local Rule 79-5(b) that compelling reasons weigh in favor of granting

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Plaintiff’s sealing request, and that the redacted portions of Plaintiff’s brief are narrowly tailored

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to only the sealable material.

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Plaintiff’s Administrative Motion to File Under Seal is accordingly GRANTED. The

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unredacted version of Plaintiff’s motion (ECF 141-4) and Exhibit B in support thereof (ECF 141-

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6) shall remain under seal.

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IT IS SO ORDERED.
Dated: January 13, 2015
______________________________________
BETH LABSON FREEMAN
United States District Judge

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United States District Court
Northern District of California

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