Dunstan et al v. comScore, Inc.

Filing 258

MOTION by Defendant comScore, Inc. to seal document sealed response, 256 , sealed document, 257 (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
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 in conjunction with comScore’s Opposition to Plaintiff Jeff Dusntan’s Renewed Motion to
Compel comScore, Inc. to Respond to Plaintiffs’ Written Discovery. In support of this Motion,
comScore states as follows:
1.

On November 6, 2013, concurrently with the filing of this Motion, comScore filed

comScore’s Opposition to Plaintiff Jeff Dunstan’s Renewed Motion to Compel Comscore, Inc. to
Respond to Plaintiffs’ Written Discovery (“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

“CONFIDENTIAL,” “CONFIDENTIAL—ATTORNEY’S EYES ONLY,” or “HIGHLY
CONFIDENTIAL—SOURCE CODE.”
a. Exhibit B, a document Bates labeled CS0016810 and marked “CONFIDENTIAL”
in accordance with the Protective Order.
3.

Additionally, paragraph 2 of the Bowland Declaration references a document

Bates labeled CS0096515 and marked “CONFIDENTIAL—ATTORNEY’S EYES ONLY”
under the Protective Order.
4.

Accordingly, pursuant to the Protective Order entered in this case, comScore

seeks leave to file Exhibit B, in its entirety, under seal.
5.

Additionally, comScore seeks leave to file portions of paragraph 2 of the Bowland

Declaration under seal.
6.

Finally, because the Opposition references the contents of Exhibit B and

paragraph 2 of the Bowland Declaration, as well as Exhibits previously filed under seal by
Plaintiffs in Plaintiff Jeff Dunstan’s Renewed Motion to Compel Comscore, Inc. to Respond to
Plaintiffs’ Written Discovery (Dkt. No. 247), comScore seeks leave to file the Opposition
partially under seal.

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

Granting comScore leave to file Exhibit B under seal;

2.

Granting comScore leave to file the Bowland Declaration partially under seal; and

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3.

Granting comScore leave to file comScore’s Opposition to Plaintiff Jeff

Dunstan’s Renewed Motion to Compel Comscore, Inc. to Respond to Plaintiffs’ Written
Discovery partially under seal.

DATED: Nov. 6, 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 November 6, 2013 to all counsel of record via email.
_/s/ Robyn Bowland____
Robyn Bowland

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