Righthaven LLC v. DiBiase

Filing 49

MOTION to Seal Defendant-Counterclaimant Thomas A. DiBiase's Motion to File Under Seal by Counter Claimant Thomas A. DiBiase, Defendant Thomas A. DiBiase. Motion ripe 5/4/2011. (Attachments: # 1 Proposed Order)(Volkmer, Bart)

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COLLEEN BAL (pro hac vice)
[e-mail]
BART E. VOLKMER (pro hac vice)
[e-mail]
WILSON SONSINI GOODRICH & ROSATI
650 Page Mill Road
Palo Alto, Ca 94304-1050
Telephone: [phone]
Facsimile: [phone]
CHAD BOWERS
[e-mail]
CHAD A. BOWERS, LTD
Nevada State Bar No. 7283
3202 West Charleston Boulevard
Las Vegas, Nevada 89102
Telephone: [phone]
Attorneys For Defendant & Counterclaimant
THOMAS A. DIBIASE

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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RIGHTHAVEN LLC, a Nevada limitedliability company,

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Plaintiff,
v.
THOMAS A. DIBIASE, an individual,

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Defendant.

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THOMAS A. DIBIASE, an individual,

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Counterclaimant,
v.
RIGHTHAVEN LLC, a Nevada limitedliability company,

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KURT OPSAHL (pro hac vice)
[e-mail]
CORYNNE MCSHERRY (pro hac vice)
[e-mail]
ELECTRONIC FRONTIER FOUNDATION
454 Shotwell Street
San Francisco, Ca 94110
Telephone: [phone]
Facsimile: [phone]

Counter-defendant.

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CASE NO.: 2:10-cv-01343-RLH-PAL
DEFENDANT-COUNTERCLAIMANT
THOMAS A. DIBIASE’S MOTION TO
FILE DOCUMENTS UNDER SEAL

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THOMAS A. DIBIASE’S MOTION TO FILE
DOCUMENTS UNDER SEAL

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MOTION TO FILE DOCUMENTS UNDER SEAL

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Defendant and Counterclaimant Thomas A. DiBiase (“Mr. DiBiase”) respectfully

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requests that the Court permit him provisionally to file under seal portions of his Motion to

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Dismiss for Lack of Subject-Matter Jurisdiction (“Motion to Dismiss,” Dkt No. 47), portions of

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the Supporting Declaration of Bart E. Volkmer (“Volkmer Declaration,” Dkt No. 48), and

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Exhibit B to that declaration (“Exhibit B”), pending a stipulation from the parties or a decision

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by this Court concerning which portions—if any—of those materials should be made public.

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Exhibit B to the Declaration of Bart E. Volkmer is a document produced by
Plaintiff/Counter-defendant Righthaven LLC (“Righthaven”) in this action. Righthaven

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designated Exhibit B as “Confidential” under the Stipulated Protective Order entered by the

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Court on April 5, 2011. Documents and information that have been designated by a party as

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“Confidential” may not be filed publicly in the first instance. While Mr. DiBiase does not

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believe that the entirety of Exhibit B is appropriately designated “Confidential” under either the

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terms of the Stipulated Protective Order or the law concerning public access to judicial

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documents, he is required at this time to seek permission to file that document under seal. The

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same is true for portions of the Motion to Dismiss and the Declaration of Bart E. Volkmer that

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quote from or describe the contents of Exhibit B.

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While Mr. DiBiase is willing to allow Righthaven to redact certain sensitive information

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from a public version of Exhibit B, Mr. DiBiase has requested that Righthaven agree to de-

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designate portions of Exhibit B to allow for public disclosure, including the portions of Exhibit B

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quoted and described in the Motion to Dismiss and Volkmer Declaration. See Volkmer Decl.,

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¶ 5. Provided an agreement can be reached with Righthaven, Mr. DiBiase intends to submit a

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stipulation for the public filing of Exhibit B—redacted as may be agreed— as well as unredacted

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versions of the Motion to Dismiss and Volkmer Declaration. If no such agreement can be

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reached, Mr. DiBiase intends to file a motion to have portions of Exhibit B de-designated under

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the protective order and to have the Motion to Dismiss and the Volkmer Declaration placed on

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the public docket in unredacted form.

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THOMAS A. DIBIASE’S MOTION TO FILE
DOCUMENTS UNDER SEAL

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Accordingly, Mr. DiBiase requests that the Court allow him provisionally to file under

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seal portions of the Motion to Dismiss, portions of the Volkmer Declaration, and Exhibit B,

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pending an agreement of the parties concerning the appropriate level of confidentiality for these

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materials, or a decision by the Court concerning this matter.

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Dated: May 4, 2011

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Respectfully submitted,
WILSON SONSINI GOODRICH & ROSATI
Professional Corporation

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By: /s/ Bart E. Volkmer
COLLEEN BAL (pro hac vice)
BART E. VOLKMER (pro hac vice)
650 Page Mill Road
Palo Alto, California 94304

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ELECTRONIC FRONTIER FOUNDATION

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By: /s/ Kurt Opsahl
Kurt Opsahl (pro hac vice)
Corynne McSherry (pro hac vice)
454 Shotwell Street
San Francisco, CA 94110

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CHAD A. BOWERS, LTD.

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By: /s/ Chad Bowers
Chad A. Bowers
NV State Bar Number 7283
3202 W. Charleston Blvd.
Las Vegas, Nevada 89102

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Attorneys for Thomas A. DiBiase

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THOMAS A. DIBIASE’S MOTION TO FILE
DOCUMENTS UNDER SEAL

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