Ascente Business Consulting, LLC v. DR myCommerce et al

Filing 141

ORDER granting 132 Joint Motion Regarding Continued Sealing and granting 133 Joint Motion Regarding Continued Sealing as modified by the parties' joint letter dated 3/16/2020. Permanent Sealing GRANTED for Document Number(s): 99, 100, 10 2, 104, 123, 123-1, 123-2, 123-3, 123-4, and 130.Document Number(s) to be UNSEALED: 106, 123-5, 123-7, and 123-8. Order on continued sealing becomes final on 4/29/2020 unless further timely submissions are filed.(Written Opinion) Signed by Magistrate Judge Katherine M. Menendez on 4/1/2020. (BJP)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Ascente Business Consulting, LLC d/b/a
LibertyID,

Case No. 0:18-cv-00138-JNE-KMM

Plaintiff,
v.

ORDER

DR myCommerce, Inc. d/b/a ESellerate;
Digital River, Inc.,
Defendants.
On March 16, 2020, the parties jointly filed a letter in response to this Court’s March 9,
2020 Order regarding two Joint Motions Regarding Continued Sealing filed pursuant to District
of Minnesota Local Rule 5.6. (Letter, ECF No. 137; Order, ECF No. 136; First Joint Mot., ECF
No. 132; Second Joint Mot., ECF No. 133.) The parties have abandoned their requests for
continued sealing of the documents at the following docket entries: 106, 123-5, 123-7, and 1238. Based on the parties’ agreement, the Court concludes that these docket entries should be
unsealed.
The parties’ letter also provides additional justification for the request to keep the
documents at the following docket entries under seal: 99, 100, 102, 104, 123, 123-1, 123-2, 1233, 123-4, and 130. The Court also notes that it previously observed that the document at docket
entry 123-6 should remain sealed. (ECF No. 136 at 2 n.1.) Having reviewed the documents at
issue, and in light of the governing standards for sealing of documents filed with the Court, IDT
Corp. v. eBay, 709 F.3d 1220, 1222–24 (8th Cir. 2013), the Court concludes that the parties have
shown that these materials meet the standards for continued sealing of judicial records.
Accordingly, IT IS HEREBY ORDERED THAT:
1. The Joint Motions Regarding Continued Sealing (ECF Nos. 132, 133) are GRANTED as
modified by the parties’ joint letter.
2. The Clerk’s Office is directed to unseal the documents at the following docket entries:
106, 123-5, 123-7, and 123-8.

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3. The Clerk’s Office is directed to keep the documents at the following docket entries
under seal: 99, 100, 102, 104, 123, 123-1, 123-2, 123-3, 123-4, and 130.
Date: April 1, 2020
s/Katherine Menendez
Katherine Menendez
United States Magistrate Judge

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