Cisco Systems Inc-v-Arista Networks, Inc

Filing 602

ORDER GRANTING IN PART AND DENYING IN PART 522 , 530 , 553 , 561 MOTIONS TO SEAL. Signed by Judge Beth Labson Freeman on 10/25/2016. (blflc4S, COURT STAFF) (Filed on 10/25/2016)

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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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CISCO SYSTEMS INC,

Case No. 14-cv-05344-BLF

Plaintiff,
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v.

United States District Court
Northern District of California

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ARISTA NETWORKS, INC.,
Defendant.

ORDER GRANTING IN PART AND
DENYING IN PART MOTIONS TO
SEAL
[Re: ECF 522, 530, 553, 561]

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This order specifically addresses parties’ administrative motions to file under seal portions

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of their briefing and exhibits in support of their motions in limine. For the reasons stated below,

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the motions are GRANTED IN PART and DENIED IN PART.

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I.

LEGAL STANDARD
“Historically, courts have recognized a ‘general right to inspect and copy public records

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and documents, including judicial records and documents.’” Kamakana v. City and Cnty. of

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Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006) (quoting Nixon v. Warner Commc’ns, Inc., 435

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U.S. 589, 597 & n.7 (1978)). Consequently, access to motions and their attachments that are

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“more than tangentially related to the merits of a case” may be sealed only upon a showing of

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“compelling reasons” for sealing. Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092,

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1101-02 (9th Cir. 2016). Filings that are only tangentially related to the merits may be sealed

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upon a lesser showing of “good cause.” Id. at 1097. In addition, sealing motions filed in this

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district must be “narrowly tailored to seek sealing only of sealable material.” Civil L.R. 79-5(b).

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A party moving to seal a document in whole or in part must file a declaration establishing that the

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identified material is “sealable.” Civ. L.R. 79-5(d)(1)(A). “Reference to a stipulation or

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protective order that allows a party to designate certain documents as confidential is not sufficient

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to establish that a document, or portions thereof, are sealable.” Id.

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II.

DISCUSSION

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The Court has reviewed the parties’ sealing motions and respective declarations in support

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thereof. The Court finds the parties have articulated compelling reasons to seal certain portions of

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most of the submitted documents. The proposed redactions are also narrowly tailored. The

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Court’s rulings on the sealing requests are set forth in the tables below:

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A.
ECF 522
Identification of Documents
to be Sealed
Arista’s Motion in Limine No.
1 Re ITC Investigations
References
Arista’s Motion in Limine No.
5 to Exclude Evidence and
Argument Regarding
Documents Labeled as
“Confidential” to Cisco

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United States District Court
Northern District of California

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Exhibit A to the Wong Decl.
(Excerpts from the Cisco Trial
Exhibit List)
Exhibit C to the Wong Decl.
(Excerpts from Exhibit 6 to the
Expert Report of Kevin
Almeroth, served on June 3,
2016)
Exhibit D to the Wong Decl.
(Cisco’s Supplemental
Objections and Responses to
Arista Networks, Inc.’s
Interrogatory Nos. 2–10, dated
May 27, 2016)
Exhibit V to the Wong Decl.
(TX03480 – Example of an
Arista-Produced Document
with “Cisco Confidential”
Labeling on Cisco’s trial
exhibit list)
Exhibit W to the Wong Decl.
(TX03741 – Example of an

Description of Documents

Court’s Order

Highlighted portions contain
Arista’s confidential business
information.
Lines 22-23 on page 1 and
lines 3-12 on page 4 contain
Cisco’s confidential business
information. Cisco does not
seek to seal the remaining
highlighted portions.
Cisco does not seek to seal the
document.

GRANTED.

Exhibit C is an excerpt of
Exhibit 6 to the Expert Report
of Kevin Almeroth which
contains Cisco’s trade secret
information.
The highlighted portions of
this exhibit on page 16 contain
Cisco’s confidential source
code, as well as confidential
information about Cisco’s
technology.
Exhibit V comprises Cisco’s
confidential information
regarding, inter alia,
confidential information about
Cisco’s product architecture
and technology.
Exhibit W contains Cisco’s
confidential information
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GRANTED.

GRANTED as to highlighted
portions at lines 22-23 on page
1 and lines 3-12 on page 4; and
DENIED as to remainder.

DENIED.

GRANTED.

GRANTED.

GRANTED.

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Arista-Produced Document
with “Cisco Confidential”
Labeling on Cisco’s trial
exhibit list)
Exhibit X to the Wong Decl.
(TX04564 – Example of an
Arista-Produced Document
with “Cisco Confidential”
Labeling on Cisco’s trial
exhibit list)

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Exhibit Y to the Wong Decl.
(Drew Pletcher Deposition
Transcript Excerpts)

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United States District Court
Northern District of California

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Exhibit Z to the Wong Decl.
(Deepak Malik Deposition
Transcript Excerpts)

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B.
ECF 530
Identification of Documents
to be Sealed
Cisco’s Motion in Limine No.
1: Motion to Exclude
Argument and Evidence in
Support of Equitable Defenses
Cisco’s Motion in Limine No.
2: Motion to Exclude Evidence
Related to “Industry Standard”
Cisco’s Motion in Limine No.
3: Motion to Exclude Untimely
Disclosed Witnesses
Cisco’s Motion in Limine No.
4: Motion to Exclude Untimely
Disclosed NonInfringement
Theory
Cisco’s Motion in Limine No.
5: Motion to Exclude
Testimony of Terry Eger
Exhibit 2 to the Declaration of
Sara E. Jenkins in Support of

regarding, inter alia, Cisco’s
competitive intelligence and
related strategies.
This exhibit contains Cisco’s
confidential information
regarding, inter alia, Cisco’s
customers, Cisco’s technology
and product architecture, and
Cisco’s competitive
intelligence and related
strategies. Maintaining
Pages 90-97 and 326 of the
transcript contain confidential
information about Cisco’s
customers, Cisco’s business
development, Cisco’s
competitive intelligence, and
strategies related to the same.
Pages 189-196 of this
transcript contain confidential
information about Cisco’s
customers, Cisco’s business
development, Cisco’s
competitive intelligence, and
strategies related to the same.
Description of Documents

GRANTED.

GRANTED as to pages 90-97
and 326; and DENIED as to
the remainder.

GRANTED as to pages 189196; and DENIED as to the
remainder.

Court’s Order

Arista does not seek to seal the
highlighted portions.

DENIED.

Arista does not seek to seal the
highlighted portions.

DENIED.

Arista does not seek to seal the
highlighted portions.

DENIED.

Arista does not seek to seal the
highlighted portions.

DENIED.

Arista does not seek to seal
highlighted portions.

DENIED.

Pages 28:2-25, 63:17-25, and
103:15-16 contain Arista’s

GRANTED as to 28:2–25,
63:17–25, and 103:15–16; and

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United States District Court
Northern District of California

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Cisco’s Motions in Limine
(Excerpts from May 25, 2016
Dep. Tr. of Terry Eger)
Exhibit 4 to the Jenkins
Declaration (Arista’s
Responses to Cisco’s Fourth
Set of Interrogatories)
Exhibit 5 to the Jenkins
Declaration (Arista’s Further
Supplemental Responses to
Cisco’s Fist, Third, and Fourth
Sets of Interrogatories)
Exhibit 7 to the Jenkins
Declaration (Excerpts of
Expert Report and Disclosure
of Cate M. Elsten)
Exhibit 8 to the Jenkins
Declaration (Excerpts of
Expert Report and Disclosure
of Cate M. Elsten)

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Exhibit 9 to the Jenkins
Declaration (Excerpts from
April 5, 2016 Dep. Tr. of Mark
Edward Berly)

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Exhibit 10 to the Jenkins
Declaration (Excerpts from
February 25, 2016 Dep. Tr. of
Jayshree Ullal)
Exhibit 11 to the Jenkins
Declaration (Rebuttal Expert
Report of John R. Black, Jr.)
Exhibit 14 to the Jenkins
Declaration (Excerpts from
May 26, 2016 Dep. Tr. of
Anshul Sadana)

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C.
ECF 553
Identification of Documents
to be Sealed
Arista’s Opposition to Cisco’s

confidential business and sales
information. Arista does not
seek to seal the remaining
portions of the exhibit.
Arista does not seek to seal the
document.

DENIED as to remainder.

Arista does not seek to seal the
document.

DENIED.

This exhibit contains
confidential business
information about Arista’s
customer relationships.
Ms. Elsten’s Rebuttal Report
contains Arista’s non-public
and sensitive business, product
pricing, and customer
information, as well as Cisco’s
confidential business
information.
Pages 88, 90, 189, and 238 of
this exhibit contain Arista’s
confidential business
information. Arista does not
seek to seal the remaining
portions of the exhibit.
Arista does not seek to seal the
document.

GRANTED.

Arista does not seek to seal the
document.

DENIED.

DENIED.

GRANTED.

GRANTED as to pages 88, 90,
189, and 238; and DENIED as
to remainder.

DENIED.

Pages 10:15-12:25 of transcript GRANTED as to pages 10:15contain Arista’s confidential
12:25; and DENIED as to
business information. Arista
remainder.
does not seek to seal the
remaining portions of the
exhibit.
Description of Documents
Cisco does not seek to seal the
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Court’s Order
DENIED.

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Motion in Limine No. 1
Arista’s Opposition to Cisco’s
Motion in Limine No. 2

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Arista’s Opposition to Cisco’s
Motion in Limine No. 3
Arista’s Opposition to Cisco’s
Motion in Limine No. 4
Arista’s Opposition to Cisco’s
Motion in Limine No. 5

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United States District Court
Northern District of California

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Exhibit 4 to the Declaration of
Ryan Wong in Support of
Arista’s Opposition to Cisco’s
Motions in Limine Nos. 1–5
(“Wong Decl.”)
Exhibit 8 to the Declaration of
Ryan Wong in Support of
Arista’s Opposition to Cisco’s
Motions in Limine Nos. 1–5
(Excerpts from the May 20,
2016 Dep. Tr. of Gavin Cato)
Exhibit 9 to the Declaration of
Ryan Wong in Support of
Arista’s Opposition to Cisco’s
Motions in Limine Nos. 1–5
(Excerpts from the Feb. 16,
2016 Dep. Tr. of Philip
Kasten)
Exhibit 10 to the Declaration
of Ryan Wong in Support of
Arista’s Opposition to Cisco’s
Motions in Limine Nos. 1–5
(Excerpts from the May 2,
2016 Dep. Tr. of Balaji
Venkatraman)
Exhibit 11 to the Declaration
of Ryan Wong in Support of

document.
Cisco does not seek to seal the
document. Other parties have
provided no declarations in
support of sealing this
document.
Highlighted portions contain
Arista’s confidential business
and customer information.
Cisco does not seek to seal the
document.
Lines 21-28 on page 1, lines 18 and 18-24 on page 2, lines 13
and 28 on page 3, lines 1, 1213, and 18-20 on page 4, and
lines 15-17 on page 5 contain
Cisco’s confidential business
and product information.
Cisco does not seek to seal the
remaining portions of the
exhibit.
Exhibit contains Cisco’s
confidential information
regarding about Cisco’s
product development.

DENIED.

GRANTED.

DENIED.
GRANTED as the highlighted
portions of text at lines 21-28
on page 1, lines 1-8 and 18-24
on page 2, lines 13 and 28 on
page 3, lines 1, 12-13, and 1820 on page 4, and lines 15-17
on page 5; and DENIED as to
remainder.

GRANTED.

Third party Dell, Inc. has
provided no declaration in
support of sealing this exhibit.

DENIED.

Exhibit contains confidential
information of Juniper
Networks, Inc., regarding
highly proprietary software.

GRANTED.

Cisco does not seek to seal this
exhibit. No other declarations
have been filed in support of
sealing this exhibit.

DENIED.

Exhibit contains confidential
information about Cisco’s

GRANTED.

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United States District Court
Northern District of California

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Arista’s Opposition to Cisco’s
Motions in Limine Nos. 1–5
(Excerpts from the March 31,
2016 Dep. Tr. of Phillip
Remaker)
Exhibit 12 to the Declaration
of Ryan Wong in Support of
Arista’s Opposition to Cisco’s
Motions in Limine Nos. 1–5
(Excerpts from the March 31,
2016 Dep. Tr. of Phillip
Remaker)
Exhibit 19 to the Wong Decl.
(Excerpts from the June 7,
2016 Dep. Tr. of Frank
Palumbo)
Exhibit 22 to the Wong Decl.
(Excerpts from July 26, 2016
Dep. Tr. of Judith Chevalier)

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Exhibit 23 to the Wong Decl.
(“Exhibit 2” to the Opening
Expert Report of Kevin
Almeroth)
Exhibit 27 to the Wong Decl.
(Transcript Excerpts from Jan.
29, 2016 Dep. of Adam
Sweeney)
Exhibit 31 to the Wong Decl.
(Excerpts from May 25, 2016
Dep. Tr. of Terry Eger)

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Exhibit 34 to the Wong Decl.
(Cisco Internal Document)

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Exhibit 35 to the Wong Decl.
(Cisco Internal Document)
Exhibit 36 to the Wong Decl.
(Cisco Internal Document)

product development and
architecture.

No declaration has been filed
in support of sealing this
exhibit.

DENIED.

Cisco does not seek to seal the
document.

DENIED.

Exhibit contains both Cisco
and Arista’s confidential
information regarding its
customers and sales
information.
No declaration has been filed
in support of sealing this
exhibit.

GRANTED.

No declaration has been filed
in support of sealing this
exhibit.

DENIED.

Lines 2-25 on page 28 contain
Arista’s confidential business
and sales information.
Sections at 69:22-70:6 and
75:8-20 contain Cisco’s
confidential business
information. Cisco and Arista
do not seek to seal other
portions of the exhibit.
Exhibit contains confidential
information about Cisco’s
competitive intelligence and
related strategies.
Cisco does not seek to seal the
document.
Exhibit contains confidential
information about Cisco’s
product development and
architecture.

GRANTED as to lines 2-25 on
page 28, line 22 on page 69 to
line 6 on page 70, and lines 820 on page 75; and DENIED
as to remainder.

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DENIED.

GRANTED.

DENIED.
GRANTED.

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D.
ECF 561
Identification of Documents
to be Sealed
Cisco’s Opposition to
Arista’s Motion in Limine
No. 1

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Cisco’s Opposition to
Arista’s Motion in Limine
No. 3
Cisco’s Opposition to
Arista’s Motion in Limine
No. 5

United States District Court
Northern District of California

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Exhibit 1 to the
Declaration of John M.
Neukom in Support of
Cisco’s Oppositions to
Arista’s Motions in Limine
(ITC Commission Opinion)
Exhibit 5 to the Neukom
Declaration (Excerpts from
April 25, 2016 Dep. Tr. of
Charles Giancarlo)
Exhibit 17 to the Neukom
Declaration ((Excerpts from
February 12, 2016 Dep. Tr. of
Kenneth Duda)
Exhibit 18 to the Neukom
Declaration (Excerpts from
December 18, 2015 Dep. Tr. of
Abhay Roy)
Exhibit 19 to the Neukom
Declaration (Email from
Kumar Srikartan)
Exhibit 20 to the Neukom
Declaration (Internal Cisco
Document)

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Exhibit 21 to the Neukom
Declaration (Email from
Pradeep Kathail)

Description of Documents

Court’s Order

Highlighted portions contain
Arista’s confidential business
information except for the
highlighted portions at lines
20-23 on page 3. Arista does
not seek to seal the highlighted
portion at lines 20-23 on page
3.
Arista does not seek to seal the
highlighted portions.

GRANTED as to the
highlighted portions, except at
lines 20-23 on page 3;
DENIED as to the highlighted
portion at lines 20-23 on page
3.

Highlighted portions contain
confidential information about
Arista’s competitive
intelligence and related
strategies.
Exhibit contains Arista’s
confidential business
information.

GRANTED.

Exhibit contains confidential
business information of both
Cisco and Arista.

GRANTED.

Exhibit contains confidential
information about Arista’s
competitive intelligence and
sales.
Exhibit contains confidential
information about the
development of Cisco’s
products.
Exhibit contains confidential
information about Cisco’s
product development and
technology.
Exhibit contains confidential
information about Cisco’s
product development and
technology.
Exhibit contains confidential
information about Cisco’s
product and business

GRANTED.

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DENIED.

GRANTED.

GRANTED.

GRANTED.

GRANTED.

GRANTED.

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Exhibit 22 to the Neukom
Declaration (Email from David
Ward)

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Exhibit 23 to the Neukom
Declaration (Email from
Mallun Yen)
Exhibit 24 to the Neukom
Declaration (December 17,
2002 Letter from Mallun Yen)

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United States District Court
Northern District of California

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Exhibit 28 to the Neukom
Declaration (Internal Cisco
Document)
Exhibit 30 to the Neukom
Declaration (Internal Cisco
Document)
Exhibit 31 to the Neukom
Declaration (March 17, 2016
Dep. Tr. of Anshul Sadana)

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III.

development.
Exhibit contains confidential
information about Cisco’s
product and business
development.
Exhibit contains confidential
information about Cisco’s
business and finances.
Exhibit contains confidential
information about a Cisco
license and Cisco’s
competitive strategies.
Exhibit contains Cisco’s
confidential information about
Cisco’s technology, business
and product architecture.
Exhibit contains Cisco’s
confidential information about
Cisco’s technology, business
and product architecture.
Exhibit contains Arista’s
confidential information about
Arista’s competitive
intelligence and sales
strategies.

GRANTED.

GRANTED.

GRANTED.

GRANTED.

GRANTED.

GRANTED.

ORDER
For the foregoing reasons, the sealing motions at ECF 522, 530, 553, 561 are GRANTED

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IN PART and DENIED IN PART. Under Civil Local Rule 79-5(e)(2), for any request that has
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been denied because the party designating a document as confidential or subject to a protective
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order has not provided sufficient reasons to seal, the submitting party must file the unredacted (or
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lesser redacted) documents into the public record no earlier than 4 days and no later than 10 days
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form the filing of this order.
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IT IS SO ORDERED.
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Dated: October 25, 2016
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______________________________________
BETH LABSON FREEMAN
United States District Judge
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