Dunstan et al v. comScore, Inc.

Filing 314

MOTION by Plaintiffs Jeff Dunstan, Mike Harris to seal document sealed document 313 Plaintiffs Motion to File Document Partially Under Seal (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–cv–05807
Hon. James F. Holderman
Magistrate Judge Kim

PLAINTIFFS’ MOTION TO FILE DOCUMENT PARTIALLY 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 a document partially
under seal, in conjunction with Plaintiffs’ Response in Opposition to Defendant’s Motion to
Transfer Under 28 U.S.C. § 1404(a). In support of this Motion, Plaintiffs state as follows:
1.

On January 28, 2014, concurrently with the filing of this Motion, Plaintiffs filed

their Response in Opposition to Defendant’s Motion to Transfer under 28 U.S.C. §1404(a) (the
“Memorandum”) and the Declaration of Rafey S. Balabanian in support of the Memorandum
(“Balabanian Declaration”).
2.

Attached to the Balabanian Declaration is Exhibit A, excerpts of the transcript

from the Rule 30(b)(6) deposition of Defendant comScore, Inc. (“comScore”), through its
designee and Chief Technology Officer Michael Brown. (Balabanian Decl. at ¶ 3.) comScore has
designated the entirety of Mr. Brown’s deposition transcript as “CONFIDENTIAL—
ATTORNEYS’ EYES ONLY” pursuant to the January 20, 2012 Protective Order entered by
Magistrate Judge Kim in this case (the “Protective Order”) (Dkt. 72).

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3.

The Protective Order prohibits either Party from publicly disclosing documents

marked as “CONFIDENTIAL,” “CONFIDENTIALATTORNEYS’ EYES ONLY,” or
“Highly ConfidentialSource Code.” (Dkt. 72 at ¶¶ 7, 9.)
4.

While comScore has marked the entirety of Mr. Brown’s deposition transcript as

“CONFIDENTIAL—ATTORNEYS’ EYES ONLY,” comScore also previously consented to the
public filing of certain pages from the transcript in unredacted form—many of which appear in
Exhibit A. (See Dkt. 150 at ¶¶ 2, 4–7.) Accordingly, Plaintiffs now seek to file Exhibit A
partially under seal.

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WHEREFORE, Plaintiffs respectfully move the Court, pursuant to Local Rules 5.8 and
26.2, for an Order:
(i)

Granting them leave to file partially under seal Exhibit A to the Balabanian
Declaration; and

(ii)

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

Dated: January 28, 2014

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

By: s/ Rafey S. Balabanian
One of Plaintiffs’ Attorneys
Jay Edelson
[e-mail]
Rafey S. Balabanian
[e-mail]
Chandler R. Givens
[e-mail]
Benjamin S. Thomassen
[e-mail]
EDELSON PC
350 North LaSalle Street, Suite 1300
Chicago, Illinois 60654
Tel: [phone]
Fax: [phone]Tel: [phone]
Fax: [phone]
Counsel for Plaintiffs, the Class, and the Subclass

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CERTIFICATE OF SERVICE
I, Benjamin S. Thomassen, an attorney, certify that on January 28, 2014, I served the
above and foregoing Plaintiffs’ Motion to File Document Partially 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.

s/ Benjamin S. Thomassen

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