Hohenberg v. Ferrero USA, Inc

Filing 34

ORDER granting 33 Ex Parte Motion for Leave to File Under Seal. Signed by Judge Marilyn L. Huff on 05/04/2011. (ag)(jrl).

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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In re FERRERO LITIGATION,

CASE NO. 11-CV-205 H (CAB)
ORDER GRANTING EX PARTE
MOTION FOR LEAVE TO FILE
UNDER SEAL

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On March 24, 2011, Defendant Ferrero U.S.A., Inc. filed a motion to transfer this
consolidated action. (Doc. No. 19.) On May 2, 2011, Plaintiffs filed a response in opposition
to Defendant’s motion. (Doc. No. 33.) On May 2, 2011, Plaintiffs also filed an ex parte
motion for leave to file under seal portions of their opposition and exhibits in support of their
opposition. (Doc. No. 33-4.) Specifically, Defendants seek to file under seal the following
documents:
(1)

Portions of Plaintiffs’ Opposition to Ferrero’s Motion to Transfer Venue.

(2)

Exhibit B to the Declaration of Jack Fitzgerald in Opposition to Ferrero’s

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Motion to Transfer Venue, excerpts from the deposition transcript of Ferrero’s

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CEO, Bernard Kreilmann, that Ferrero designated “Confidential.”
(3)

Exhibit C to the Declaration of Jack Fitzgerald in Opposition to Ferrero’s
Motion to Transfer Venue, a document produced by Ferrero in response to
Interrogatories, which Ferrero designated “Confidential.”

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11cv205

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(4)

Exhibit D to the Declaration of Jack Fitzgerald in Opposition to Ferrero’s

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Motion to Transfer Venue, a document produced by Ferrero in response to

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Interrogatories, which Ferrero designated “Confidential.”

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(5)

Exhibit E to the Declaration of Jack Fitzgerald in Opposition to Ferrero’s

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Motion to Transfer Venue, a printout of native Microsoft Excel file produced by

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Ferrero on a CD marked FERRERO001234-001270, and further marked

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“CONFIDENTIAL.”

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(6)

Exhibit F to the Declaration of Jack Fitzgerald in Opposition to Ferrero’s

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Motion to Transfer Venue, the first 10 pages of a document produced by Ferrero

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bearing production numbers FERRERO000134-001128, which Ferrero

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designated “Confidential.”

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(7)

Exhibit J to the Declaration of Jack Fitzgerald in Opposition to Ferrero’s Motion

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to Transfer Venue, a table created by Plaintiffs concerning possible third-party

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witnesses containing information derived from sources Ferrero designated

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“Confidential.”

16 Plaintiffs seek to seal the exhibits because they contain information that has been designated
17 by Defendant as “Confidential” under the terms of the protective order. (Doc. No. 33-4 at 1.)
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After reviewing the documents in question, the Court concludes that good cause exists

19 to seal the exhibits. Accordingly, the Court GRANTS Plaintiffs’ request to file the documents
20 under seal without prejudice to the Court modifying this order at a later time.
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IT IS SO ORDERED.

22 DATED: May 4, 2011
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______________________________

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MARILYN L. HUFF, District Judge
UNITED STATES DISTRICT COURT

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11cv205