Dunstan et al v. comScore, Inc.

Filing 284

MOTION by Plaintiffs Jeff Dunstan, Mike Harris to seal document sealed document 282 , sealed document, 283 (Thomassen, Benjamin)

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,

)
)
)
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Plaintiffs,
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v.
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COMSCORE, INC., a Delaware corporation,
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Defendant.
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__________________________________________)

Case No. 1:11-5807
Hon. James F. Holderman
Magistrate Judge Kim

PLAINTIFFS’ MOTION TO FILE DOCUMENTS UNDER SEAL
Plaintiffs Mike Harris and Jeff Dunstan (“Plaintiffs”), pursuant to Local Rules 5.8 and
26.2, respectfully move the Court for an Order granting them leave to file certain documents
under seal, either in whole or in part, in conjunction with Plaintiffs’ Response in Opposition to
Defendant’s Renewed Motion to Dismiss Under Rule 12(b)(3). In support of this Motion,
Plaintiffs state as follows:
1.

On November 22, 2013, concurrently with the filing of this Motion, Plaintiffs

filed their Response in Opposition to Defendant’s Renewed Motion to Dismiss Under Rule
12(b)(3) (the “Response”) and the Declaration of Rafey S. Balabanian in support of the Response
(the “Balabanian Declaration”).
2.

Attached to the Balabanian Declaration, among other exhibits, are the following

documents that Defendant comScore, Inc. (“comScore”) has marked “CONFIDENTIAL—
ATTORNEYS’ EYES ONLY” pursuant to the January 20, 2012 Protective Order entered by
Magistrate Judge Kim in this case (the “Protective Order”) (Dkt. No. 72):
a.

Exhibit A: An excerpt of the transcript from the Rule 30(b)(6) deposition

of comScore’s Chief Technology Officer and Rule 30(b)(6) designee, Michael Brown.
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Although the entire transcript was marked by comScore as “CONFIDENTIAL—
ATTORNEYS’ EYES ONLY,” comScore previously indicated (in the context of
Plaintiffs’ filing of their Supplemental Motion for Class Certification) that the excerpted
pages are not confidential and may be filed publicly;
b.

Exhibit C: Email from Sarah Villyard to Armando Pantano dated Dec. 27

2012, produced at Bates No. CS0071631;
c.

Exhibit D: Email from Latoya Peterson-Renfrow to Helena Barkman

dated May 23, 2007, produced at Bates No. CS0042536.
3.

The Protective Order prohibits either Party from publicly disclosing documents

marked as “CONFIDENTIAL,” “CONFIDENTIAL⎯ATTORNEYS’ EYES ONLY,” or
“Highly Confidential⎯Source Code.” (Dkt. No. 72, ¶¶ 7, 9.)
4.

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

Order entered in this case, Plaintiffs seek leave to file Exhibits C and D, described supra, ¶ 2,
entirely under seal.
5.

Additionally, because the Response quotes material from Exhibits C and D to the

Balabanian Declaration, Plaintiffs seek leave to file the Response partially under seal.
WHEREFORE, Plaintiffs respectfully move the Court, pursuant to Local Rules 5.8 and
26.2 for an Order:
(i)

Granting them leave to file entirely under seal Exhibits C and D to the Balabanian
Declaration;

(ii)

Granting them leave to file partially under seal Plaintiffs’ Response in Opposition
to Defendant’s Renewed Motion to Dismiss Under Rule 12(b)(3); and

(ii)

Awarding such other and further relief as the Court deems equitable and just.

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Dated: November 22, 2013

Respectfully submitted,
MIKE HARRIS AND JEFF DUNSTAN,
INDIVIDUALLY AND ON BEHALF OF A CLASS OF
SIMILARLY SITUATED INDIVIDUALS,

By: s/ Benjamin S. Thomassen
One of Plaintiffs’ Attorneys
Jay Edelson
Rafey S. Balabanian
Ari J. Scharg
Chandler R. Givens
Benjamin S. Thomassen
EDELSON LLC
350 North LaSalle, Suite 1300
Chicago, Illinois 60654
Telephone: [phone]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]

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CERTIFICATE OF SERVICE
I, Benjamin S. Thomassen, an attorney, certify that on November 22, 2013, I served the
above and foregoing Plaintiffs’ Motion to File Documents Under Seal, by causing true and
accurate copies of such paper to be filed and transmitted to all counsel of record via the Court’s
CM/ECF electronic filing system, and further by causing true and accurate copies of such paper
to be transmitted to all counsel of record via electronic mail on this 22nd of November 22, 2013.

s/ Benjamin S. Thomassen

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