Lulu Enterprises, Inc. v. N-F Newsite, LLC et al

Filing 117

MOTION to Seal Document Exhibit B to Plaintiff's Reply in Support of Motion for Preliminary Injunction by N-F Newsite, LLC. (Attachments: #1 Text of Proposed Order) (Silver, Hayden)

Lulu Enterprises, Inc. v. N-F Newsite, LLC et al

Doc. 117

Case 5:07-cv-00347-D

Document 117

Filed 10/22/2007

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION NO. 5:07-cv-00347-D

LULU ENTERPRISES, INC., Plaintiff, vs. HULU, LLC, et al., Defendants. DEFENDANT'S MOTION TO FILE DOCUMENTS UNDER SEAL (Local Civil Rule 79.2, EDNC)

Defendant, Hulu, LLC ("Hulu"), by and through its undersigned counsel and pursuant to Local Civil Rule 79.2, EDNC, and the Court's Order entered in this matter on September 28, 2007, hereby moves this Court for an order allowing the following Hulu documents to be filed and retained under seal. In support of this Motion, Defendant says as follows: 1. Hulu seeks to have the following document filed and retained under seal: · 2. Exhibit B to Plaintiff Lulu Enterprises, Inc.'s Reply in Support of Motion for Preliminary Injunction ("Exhibit B").

Exhibit B contains quotes from and refers to the transcript of the deposition of

Jason Kilar. Pursuant to the Court's Order entered September 28, 2007, this entire deposition transcript has been designated as "Attorneys' Eyes Only." 3. Counsel for the parties have conferred and Hulu has requested that Exhibit B,

which Plaintiff has filed in support of its motion for preliminary injunction, remain confidential and be filed and retained under seal.

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Dockets.Justia.com

Case 5:07-cv-00347-D

Document 117

Filed 10/22/2007

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4.

Defendant attests that Exhibit B contains confidential and competitively sensitive

business information. 5. Contemporaneously with this Motion, Defendant submits its Memoradum of Law

in support of its motion to file Exhibit B under seal. WHEREFORE, Defendant Hulu, LLC respectfully prays the Court for an Order allowing that the above-listed document be filed and retained under seal. A proposed Order is submitted with this Motion. Respectfully submitted this the 22nd day of October, 2007. /s/ Hayden J. Silver, III Hayden J. Silver, III NC State Bar No. 10037 [e-mail] Betsy Cooke NC State Bar No. 25353 [e-mail] KILPATRICK STOCKTON LLP 3737 Glenwood Avenue, Suite 400 Raleigh, NC 27612 [phone] [phone] facsimile William H. Brewster GA State Bar No. 080422 [e-mail] Sara Maurer GA State Bar No. 159056 [e-mail] KILPATRICK STOCKTON LLP 1100 Peachtree Street Suite 2800 Atlanta, GA 30309 [phone] [phone] facsimile Counsel for Defendant Hulu, LLC

US2000 10373058.1

Case 5:07-cv-00347-D

Document 117

Filed 10/22/2007

Page 3 of 3

CERTIFICATE OF SERVICE This is to certify that on this date the foregoing was electronically filed with the Clerk of the Court using the CM/ECF System which will send notice to the following CM/ECF participants: Leslie C. O'Toole [e-mail] Thomas Hamilton Segars [e-mail] This the 22nd day of October, 2007.

/s/ Hayden J. Silver, III

KILPATRICK STOCKTON LLP 3737 Glenwood Avenue, Suite 400 Raleigh, North Carolina 27612 Telephone: [phone]

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