McGibney et al v. Retzlaff
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)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION
JAMES MCGIBNEY, et al.,
Case No. 14-cv-01059-BLF
ORDER DENYING ADMINISTRATIVE
MOTION TO FILE UNDER SEAL
THOMAS RETZLAFF, et al.,
[Re: ECF 36]
United States District Court
Northern District of California
Before the Court is the Administrative Motion to File Under Seal filed by plaintiffs James
McGibney and ViaView, Inc. (collectively, “Plaintiffs”) on August 15, 2014. (Admin. Mot., ECF
36) Plaintiffs seek to seal Exhibit 25 filed in support of Plaintiffs’ opposition to defendant
Thomas Retzlaff’s several motions to dismiss. (Id. at 1) It appears that Plaintiffs seek to keep this
exhibit sealed not only from the public, but from the other parties as well. The Court finds that it
would be a violation of due process for the Court to consider evidence against another party
without affording that party an opportunity to review and rebut the evidence. As such, Plaintiffs’
sealing request is DENIED.
Plaintiffs may withdraw their sealing request and choose not to rely on the exhibit sought
to be sealed in opposing Defendant Retzlaff’s motions. The subject exhibit will not be considered
by the Court unless Plaintiffs file an unredacted, unsealed version within seven (7) days of the
date of this order. Civ. L.R. 79-5(f)(2).
IT IS SO ORDERED.
Dated: August 22, 2014
BETH LABSON FREEMAN
United States District Judge
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