Matthew Enterprise, Inc. v. Chrysler Group LLC

Filing 63

ORDER by Judge Beth Labson Freeman granting 61 Administrative Motion to File Under Seal. (blflc3S, COURT STAFF) (Filed on 9/18/2014)

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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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MATTHEW ENTERPRISE, INC.,

Case No. 13-cv-04236-BLF

Plaintiff,
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v.
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CHRYSLER GROUP LLC,
Defendant.

United States District Court
Northern District of California

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ORDER GRANTING PLAINTIFF'S
MOTION TO FILE UNDER SEAL
PORTIONS OF ITS OPPOSITION TO
DEFENDANT'S PARTIAL MOTION TO
DISMISS

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On September 2, 2014, this Court granted Defendant’s Motion to File Under Seal portions

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of two documents, Defendant’s Partial Motion to Dismiss and its Exhibit 1 to the Motion, finding

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that Defendant had met its burden to show “compelling reasons” to seal information that, if

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disclosed, could have competitively disadvantaged it. See ECF 58.

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Before the Court now is Plaintiff’s Motion to File Under Seal portions of its Opposition to

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Defendant’s Partial Motion to Dismiss. ECF 61. The information Plaintiff seeks to seal references

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the same confidential information the Court has previously ordered sealed pursuant to Defendant’s

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request. ECF 58. Plaintiff has filed a public, redacted version of its Opposition to Defendant’s

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Partial Motion to Dismiss, consistent with Civil Local Rule 79-5(d)(1)(C). Defendant provides the

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Court with a declaration (“Nagel Decl.”) which states reasons why disclosure of this information

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could “competitively disadvantage” Defendant. See Nagel Decl., ECF 62 ¶ 3. As such, Plaintiff’s

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sealing request meets the “compelling reasons” standard articulated by the Ninth Circuit in

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Phillips ex rel. Estates of Byrd v. Gen. Motors Corp., 307 F.3d 1206, 1213 (9th Cir. 2002).

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For the foregoing reasons, the Court GRANTS Plaintiff’s Motion to Seal, and permits

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Plaintiff to file under seal portions of its Opposition to Defendant’s Partial Motion to Dismiss

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thereto.

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IT IS SO ORDERED.
Dated: September 18, 2014
______________________________________
BETH LABSON FREEMAN
United States District Judge

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United States District Court
Northern District of California

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