Youngevity International, Corp. v. Smith et al
Filing
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ORDER Granting Defendants' Renewed Application to File Under Seal (ECF No. 335 ). Plaintiffs shall file and serve their opposition on or before 1/3/2018 at 5:00 PM. Defendants shall file and serve their reply to the opposition on or before 1/10/2018 at 5:00 PM. This order does not modify any other date, deadline, or requirement set forth in the Court's 12/4/2017 Order (ECF No. 287 ). Signed by Magistrate Judge Jill L. Burkhardt on 12/18/2017. (mxn)
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UNITED STATES DISTRICT COURT
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SOUTHERN DISTRICT OF CALIFORNIA
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YOUNGEVITY INTERNATIONAL,
CORP., et al.,
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v.
TODD SMITH, et al.,
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[ECF Nos. 287, 335]
Defendants.
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ORDER GRANTING DEFENDANTS’
RENEWED APPLICATION TO FILE
UNDER SEAL
Plaintiffs,
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Case No.: 16-cv-704 BTM (JLB)
Before the Court is Defendants’ Ex Parte Renewed Application to File Under Seal.
(ECF No. 335.) The Court previously denied Defendants’ Ex Parte Application to File
Under Seal without prejudice and granted Defendants leave to file a renewed application
to file under seal. (ECF No. 332.) Defendants seek to redact Wakaya’s sales figures from
its Motion for Sanctions and Order to Show Cause re Violations of Protective Order and
attached exhibits. (ECF Nos. 335, 337.) Defendants seek to redact this information
because (i) the alleged violations relate to information the parties designated as
“Confidential – For Counsel Only” under the stipulated protective order, and (ii) disclosure
of Wakaya’s confidential sales figures would threaten Wakaya’s competitive position in
the market. (ECF No. 335 at 3.) Defendants filed the proposed motion and exhibits under
seal in unredacted form and publicly filed the documents in redacted form. (ECF Nos. 336,
337.)
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16-cv-704 BTM (JLB)
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Defendants’ application to seal is GRANTED. Defendants have demonstrated good
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cause to make narrowly tailored redactions of Wakaya’s confidential sales figures from the
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motion and exhibits. See Kamakana v. City & Cty. of Honolulu, 447 F.3d 1172, 1180 (9th
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Cir. 2006). Accordingly, Defendants’ publicly filed and redacted Motion for Sanctions
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and Order to Show Cause re Violations of Protective Order (ECF No. 337) is deemed
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properly filed. The Court’s December 4, 2017 Order setting a briefing schedule on
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Defendants’ Motion for Sanctions and Order to Show Cause re Violations of Protective
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Order (ECF No. 287) is hereby amended as follows:
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1. Plaintiffs shall file and serve their opposition on or before January 3, 2018 at 5:00
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PM. Any opposition shall be no more than 10 pages, exclusive of exhibits, and shall
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comply with Section IV.D. of Judge Burkhardt’s Civil Chambers Rules.
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2. Defendants shall file and serve their reply to the opposition on or before January
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10, 2018 at 5:00 PM. The reply shall be no more than 5 pages, exclusive of exhibits.
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This order does not modify any other date, deadline, or requirement set forth in the
Court’s December 4, 2017 Order (ECF No. 287).
IT IS SO ORDERED.
Dated: December 18, 2017
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16-cv-704 BTM (JLB)
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