Ahn et al v. Scarlett et al

Filing 110

ORDER GRANTING 82 MOTION TO FILE UNDER SEAL. Signed by Judge Edward J. Davila on 11/6/2017. (ejdlc2S, COURT STAFF) (Filed on 11/6/2017)

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1 2 3 4 5 6 7 8 JENNER & BLOCK LLP MICHAEL P. MCNAMARA (SBN 106079) mmcnamara@jenner.com KIRSTEN H. SPIRA (SBN 119885) kspira@jenner.com KATE T. SPELMAN (SBN 269109) kspelman@jenner.com 633 West 5th Street Suite 3600 Los Angeles, CA 90071 Telephone: 213 239-5100 Facsimile: 213 239-5199 Attorneys for Greenberg Traurig, LLP 9 10 UNITED STATES DISTRICT COURT 11 NORTHERN DISTRICT OF CALIFORNIA 12 SAN JOSE DIVISION 13 14 15 16 17 18 19 Case No.: 5:16-cv-05437-EJD GREGORY AHN, an individual, JONATHAN WHITE, an individual, CULT OF 8, INC., a California corporation, [Related to Case No. 5:17-cv-01430-EJD] Plaintiff, [PROPOSED] ORDER GRANTING GREENBERG TRAURIG, LLP’S ADMINISTRATIVE MOTION TO FILE UNDER SEAL OPPOSITION TO MOTION FOR MANDATORY DISQUALIFICATION OF GREENBERG TRAURIG LLP, WILLIAM J. GOINES AND CINDY HAMILTON, COUNSEL OF RECORD FOR GREGORY AHN AND CULT OF 8, INC. v. MATTHEW D. SCARLETT, an individual, ALCOHOL BY VOLUME, INC., a Nevada corporation, inclusive, Defendants. 20 21 22 23 24 25 26 27 28 1 [PROPOSED] ORDER GRANTING GREENBERG TRAURIG LLP’S ADMINISTRATIVE MOTION TO FILE UNDER SEAL 1 Pursuant to the Northern District of California’s Local Rules 7-11 and 79-5, on July 18, 2017, 2 Greenberg Traurig, LLP (“GT”) filed its Administrative Motion to file under seal portions of GT’s 3 Opposition to Motion for Mandatory Disqualification of Greenberg Traurig LLP, William J. Goines, and 4 Cindy Hamilton, Counsel of Record for Gregory Ahn and Cult Of 8, Inc. (the “Opposition”). 5 GT has moved to file under seal portions of its Opposition and the Declarations of Gregory Ahn 6 and William J. Goines in Support of its Opposition, as set forth in the table below. These portions reveal 7 confidential business information of Cult of 8, Inc., namely, the purchase price that Winery Exchange, a 8 third party to this action, paid to acquire the Bread & Butter wine brand (the “Acquisition Purchase Price”). 9 The Acquisition Purchase Price is subject to a confidentiality provision in the Acquisition agreement and 10 constitutes confidential and sensitive business information of the parties to the Acquisition. 11 Accordingly, based upon GT’s Administrative Motion to File under Seal, the Declaration of Kirsten 12 H. Spira in support thereof, and all materials submitted in support thereof, and other records on file, the 13 Court hereby grants GT’s Administrative Motion to File under Seal as follows: 14 Sections of Opposition to be Sealed Court’s Order 15 Opposition: page i, line 12; page 8, lines 9, 12; Granted. 16 page 9, line 4; page 14, line 10; page 24, line 19. 17 Declaration of Gregory Ahn: page 6, lines 26-27; Granted. 18 page 7, line 3. 19 Declaration of William J. Goines: page 6, line 13. Granted. 20 Additionally, GT has moved to file under seal portions of its Opposition, and the Declarations of 21 William J. Goines, Cindy Hamilton, Gregory Ahn, and Kirsten H. Spira in Support of the Opposition 22 (collectively, the “Opposition Declarations”), and Exhibits C, F, G, and K to the Declarations of William 23 J. Goines, Cindy Hamilton, and Gregory Ahn, as set forth in the table below. The Opposition, Opposition 24 Declarations, and Exhibits contain or reveal the contents of private communications involving Gregory 25 Ahn, Johnathan White, and their attorney during the course of their joint-representation. Accordingly, 26 these communications should be filed under seal. 27 28 1 [PROPOSED] ORDER GRANTING GREENBERG TRAURIG LLP’S ADMINISTRATIVE MOTION TO FILE UNDER SEAL 1 Accordingly, based upon GT’s Administrative Motion to File under Seal, the Declaration of Kirsten 2 H. Spira in support thereof, and all materials submitted in support thereof, and other records on file, the 3 Court hereby grants GT’s Administrative Motion to File under Seal as follows: 4 Sections of Opposition to be Sealed Court’s Order 5 Opposition: page 2, lines 5-6; page 4, lines 16, Granted. 6 17-20; page 5, lines 17-22, 24-28; page 6, lines 7 2-5, 9-13, 17-20, 27; page 7, lines 1, 4-5, 6-16; 8 page 13, lines 23-24, 27; page 14, lines 1-2; 9 page 15, lines 4-6, 7-10, 11-13; page 19, lines 10 6-7, 8-14, 26; page 21, lines 17-21, 21-25; page 11 22, lines 1, 4-6, 7-8; page 23, lines 9-10, 12-15; 12 page 24, lines 15-16. 13 Declaration of Cindy Hamilton: page 2, lines Granted. 14 15-18, 19-21, 22-23; page 3, lines 11-12, 14- 15 24; page 4, lines 7-8. 16 Exhibit C to Declaration of Cindy Hamilton Granted. 17 Declaration of William J. Goines: page 3, Granted. 18 lines 15-16, 17-25; page 4, lines 9-18, 25-26; 19 page 5, lines 1-2. 20 Exhibit F to Declaration of William J. Granted. 21 Goines 22 Exhibit G to Declaration of William J. Granted. 23 Goines 24 Declaration of Gregory Ahn: page 4, lines 11, Granted. 25 13-20, 23-27; page 5, lines 1-5, 8-10, 15-16, 26 18-21; page 6, lines 11-14. 27 Exhibit K to Declaration of Gregory Ahn Granted. 28 2 [PROPOSED] ORDER GRANTING GREENBERG TRAURIG LLP’S ADMINISTRATIVE MOTION TO FILE UNDER SEAL 1 Declaration of Kirsten H. Spira: page 3, lines Granted. 2 7-10. 3 4 IT IS SO ORDERED. 5 6 Nov. 6 Dated: ________, 2017 7 8 The Honorable Edward J. Davila 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 [PROPOSED] ORDER GRANTING GREENBERG TRAURIG LLP’S ADMINISTRATIVE MOTION TO FILE UNDER SEAL

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