McGibney et al v. Retzlaff

Filing 40

Order denying 36 Administrative Motion to File Under Seal. Signed by Hon. Beth Labson Freeman on 8/22/2014.(blflc2, COURT STAFF) (Filed on 8/22/2014)

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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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JAMES MCGIBNEY, et al.,

Case No. 14-cv-01059-BLF

Plaintiffs,
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v.

ORDER DENYING ADMINISTRATIVE
MOTION TO FILE UNDER SEAL

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THOMAS RETZLAFF, et al.,

[Re: ECF 36]

Defendants.

United States District Court
Northern District of California

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Before the Court is the Administrative Motion to File Under Seal filed by plaintiffs James

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McGibney and ViaView, Inc. (collectively, “Plaintiffs”) on August 15, 2014. (Admin. Mot., ECF

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36) Plaintiffs seek to seal Exhibit 25 filed in support of Plaintiffs’ opposition to defendant

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Thomas Retzlaff’s several motions to dismiss. (Id. at 1) It appears that Plaintiffs seek to keep this

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exhibit sealed not only from the public, but from the other parties as well. The Court finds that it

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would be a violation of due process for the Court to consider evidence against another party

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without affording that party an opportunity to review and rebut the evidence. As such, Plaintiffs’

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sealing request is DENIED.

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Plaintiffs may withdraw their sealing request and choose not to rely on the exhibit sought

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to be sealed in opposing Defendant Retzlaff’s motions. The subject exhibit will not be considered

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by the Court unless Plaintiffs file an unredacted, unsealed version within seven (7) days of the

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date of this order. Civ. L.R. 79-5(f)(2).

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IT IS SO ORDERED.

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Dated: August 22, 2014
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BETH LABSON FREEMAN
United States District Judge