Youngevity International, Corp. v. Smith et al

Filing 343

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)

Download PDF
1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 SOUTHERN DISTRICT OF CALIFORNIA 9 10 11 YOUNGEVITY INTERNATIONAL, CORP., et al., 14 v. TODD SMITH, et al., 16 18 19 20 21 22 23 24 25 26 27 28 [ECF Nos. 287, 335] Defendants. 15 17 ORDER GRANTING DEFENDANTS’ RENEWED APPLICATION TO FILE UNDER SEAL Plaintiffs, 12 13 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.) 1 16-cv-704 BTM (JLB) 1 Defendants’ application to seal is GRANTED. Defendants have demonstrated good 2 cause to make narrowly tailored redactions of Wakaya’s confidential sales figures from the 3 motion and exhibits. See Kamakana v. City & Cty. of Honolulu, 447 F.3d 1172, 1180 (9th 4 Cir. 2006). Accordingly, Defendants’ publicly filed and redacted Motion for Sanctions 5 and Order to Show Cause re Violations of Protective Order (ECF No. 337) is deemed 6 properly filed. The Court’s December 4, 2017 Order setting a briefing schedule on 7 Defendants’ Motion for Sanctions and Order to Show Cause re Violations of Protective 8 Order (ECF No. 287) is hereby amended as follows: 9 1. Plaintiffs shall file and serve their opposition on or before January 3, 2018 at 5:00 10 PM. Any opposition shall be no more than 10 pages, exclusive of exhibits, and shall 11 comply with Section IV.D. of Judge Burkhardt’s Civil Chambers Rules. 12 2. Defendants shall file and serve their reply to the opposition on or before January 13 10, 2018 at 5:00 PM. The reply shall be no more than 5 pages, exclusive of exhibits. 14 15 16 17 18 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 19 20 21 22 23 24 25 26 27 28 2 16-cv-704 BTM (JLB)

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?