Dunstan et al v. comScore, Inc.

Filing 173

MOTION by Defendant comScore, Inc. to seal document (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Bowland, Robyn)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
MIKE HARRIS and JEFF DUNSTAN,
individually and on behalf of a class of
similarly situated individuals
Plaintiff,

CASE NO. 1:11-cv-5807
Chief Judge Holderman
Magistrate Judge Kim

v.
COMSCORE, INC., a Delaware corporation
Defendant.

COMSCORE’S MOTION TO FILE DOCUMENTS UNDER SEAL
Defendant comScore, Inc. (“comScore”), pursuant to Local Rules 5.8 and 26.2,
respectfully moves the Court for an Order granting them leave to file certain documents under
seal, either in whole or in part, in conjunctions with comScore’s Memorandum of Law in
Opposition to Plaintiffs’ Motion for Class Certification. In support of this Motion, comScore
states as follows:
1.

On February 26, 2013, concurrently with the filing of this Motion, comScore filed

its comScore’s Memorandum of Law in Opposition to Plaintiffs’ Motion for Class Certification
(“Opposition”) and the Declaration of Robyn Bowland in support of the Opposition (“Bowland
Declaration”).
2.

Attached to the Bowland Declaration are the following documents that the Parties

have marked with a Confidentiality Designation pursuant to the January 20, 2012 Protective
Order entered by Magistrate Judge Kim in this case (“Protective Order”) (Dkt. No. 72). The
Protective Order prohibits either Party from publicly disclosing documents marked as

99999.77815/5184940.1

“CONFIDENTIAL,” CONFIDENTIAL—ATTORNEYS’ EYES ONLY,” or “HIGHLY
CONFIDENTIAL—SOURCE CODE.”
a. Portions of Exhibit C, excerpts from Mr. Michael Brown’s Rule 30(b)(6) August
15, 2012 deposition.
b. Exhibit E, a spreadsheet Bates labeled “CS0016873.”
c. Exhibit F, excerpts from Mr. Colin O’Malley’s December 13, 2012 deposition
which discuss Exhibit E.
d. Exhibit H, comScore’s Second Supplemental Response to Harris’ First Set of
Interrogatories, No. 17.
e. Exhibit M, excerpts from Mr. Randy McCaskill’s September 14, 2012 deposition
marked by comScore.
f. Exhibit U, Anti-virus Log Bates labeled “Harris-Dunstan 0632-0655” and marked
by Plaintiffs as “CONFIDENTIAL—ATTORNEYS’ EYES ONLY.”
3.

On February 26, 2013, counsel for comScore provided, via email, a list of the

actual exhibits they planned to attach to the Bowland Declaration that included or otherwise
referenced documents that had been marked by Plaintiffs as “CONFIDENTIAL—
ATTORNEYS’ EYES ONLY.” (Ex. A, Email to Thomassen from Bowland dated February 26,
2013.)
4.

In response, Plaintiffs’ counsel confirmed that Exhibit U contained Plaintiffs’

confidential information and needed to be filed under seal. (Ex. B, Email to Bowland from B.
Thomassen dated February 26, 2013)

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5.

Accordingly, and pursuant to Plaintiffs’ counsel’s instruction and the Protective

Order entered in this case, comScore seeks leave to file Exhibits E, F, H, M, and U, in their
entirety, under seal.
6.

Additionally, comScore seeks leave to file portions of Exhibit C under seal.

7.

Finally, because the Opposition references the contents of Exhibits C, E, F, H, M,

and U, comScore seeks leave to file the Opposition partially under seal as well.

WHEREFORE, comScore respectfully moves the Court, pursuant to Local Rules 5.8
and 26.2 for an Order:
1.

Granting comScore leave to file Exhibits E, F, H, M, and U under seal;

2.

Granting comScore leave to file Exhibit C partially under seal; and

3.

Granting comScore leave to file comScore’s Memorandum of Law in Opposition

to Plaintiffs’ Motion for Class Certification partially under seal.

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DATED: February 26, 2013

QUINN EMANUEL URQUHART &
SULLIVAN, LLP

_/s/ Andrew H. Schapiro____
Andrew H. Schapiro
[e-mail]
Stephen Swedlow
[e-mail]
Robyn Bowland
[e-mail]
QUINN EMANUEL URQUHART &
SULLIVAN, LLP
500 West Madison Street, Suite 2450
Chicago, Illinois 60661
Telephone: [phone]
Facsimile: [phone]
Paul F. Stack
[e-mail]
Mark William Wallin
[e-mail]
Stack & O’Connor Chartered
140 South Dearborn Street
Suite 411
Chicago, IL 60603
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant comScore, Inc.

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CERTIFICATE OF SERVICE
I, the undersigned, hereby certify that a true and correct copy of the foregoing has been
caused to be served on February 26, 2013 to all counsel of record via email.
_/s/ Robyn M. Bowland____
Robyn Bowland

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