In re: Third Party Subpoenas Issued to Rambus, Inc., and Rambus Delaware LLC

Filing 24

ORDER RE: ADMINISTRATIVE MOTION TO SEAL 5 22 . Signed by Judge Nathanael Cousins on 11/14/2014. (lmh, COURT STAFF) (Filed on 11/14/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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In re: Third Party Subpoenas Issued to
RAMBUS, INC., AND RAMBUS
DELAWARE LLC

Case No. 14-mc-80293 EJD (NC)

INNOVATIVE DISPLAY TECHNOLOGIES
LLC,

ORDER RE:
ADMINISTRATIVE MOTION
TO SEAL

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Plaintiff,
Re: Dkt. Nos. 5, 22

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v.
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ACER INC., ET AL.,
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Defendants.
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Before the Court are two administrative motions to seal by Dell Inc. The first
concerns documents related to its motion to compel compliance with a subpoena. Dkt.
No. 5. The second concerns documents related to its reply in support of its motion to
compel. Dkt. 22.
Under Civil Local Rule 79-5(d)(1)(D), an unredacted version of the document
sought to be filed under seal must be filed electronically under seal as an attachment to the
administrative motion. Civ. L.R. 79-5(d)(1)(D). Indeed, the “[i]nstructions for e-filing
documents under seal can be found on the ECF website.” Id. In addition, the “unredacted
version must indicate, by highlighting or other clear method, the portions of the document

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ORDER RE: DELL’S ADMINISTRATIVE MOTION TO SEAL
Case No. 14-mc-80293 EJD (NC)

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that have been omitted from the redacted version . . . .” Id. Moreover, the local rules state

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that “[d]ocuments which the filer has in an electronic format must be converted to PDF

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from the word processing original, not scanned, to permit text searches . . . . Civ. L.R. 5-

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1(e)(2).

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Along with the rules that apply to unredacted versions of documents, parties that

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seek to file documents under seal must also attach a proposed order that “lists in table

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format each document or portion thereof that is sought to be sealed.” Civ. L.R. 79-

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5(d)(1)(B) (emphasis added).

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Here, while Dell electronically filed a redacted version of its memorandum of

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points and authorities in support of its motion to compel, Dkt. No. 1, Dell’s administrative

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motion to seal does not include the unredacted version that contains highlights of the

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redacted portions. See Dkt. No. 5. Its current motion to seal includes only three attached

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documents: a declaration, a proposed order, and a cover page for an exhibit. Dkt. No. 5

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(1-3). Dell also failed to file electronically unredacted versions of certain exhibits to the

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declaration of Phillip D. Price; it merely included the cover page to those exhibits. Dkt.

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No. 5-3. In terms of the proposed orders for both sealing motions, Dell also fails to list

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the documents or portions of documents in table format. See Dkt. Nos. 5-2, 22-4.

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This failure to comply with the local rules will not do.

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Accordingly, the Court orders Dell to electronically file an amended sealing motion

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relating to its initial motion to compel, and attach unredacted versions (with highlights) of

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the documents identified above. However, this Court’s order is not limited to only the

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documents discussed; Dell must apply the same rules to all other documents it seeks to

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file under seal but failed to file on ECF.

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Additionally, Dell must resubmit an amended sealing motion relating to its reply in

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support of its motion to compel. Dkt. No. 22. Specifically, Dell must file electronically

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an unredacted version of its reply, Dkt. No. 22-6, with the redacted portions highlighted.

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In light of the upcoming hearing on Dell’s motion to compel, Dell must file all of

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the documents by the end of today, November, 14, 2014.
ORDER RE: DELL’S ADMINISTRATIVE MOTION TO SEAL
Case No. 14-mc-80293 EJD (NC)

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IT IS SO ORDERED.

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Date: November 14, 2014

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_________________________
Nathanael M. Cousins
United States Magistrate Judge

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ORDER RE: DELL’S ADMINISTRATIVE MOTION TO SEAL
Case No. 14-mc-80293 EJD (NC)

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