LendingTree, LLC v. Zillow, Inc. et al

Filing 245

ORDER granting 244 Motion to Seal Document. Signed by Magistrate Judge David Keesler on 12/21/12. (bsw)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
DOCKET NO. 3:10-CV-439-FDW-DCK

LENDINGTREE, LLC,
Plaintiff,
v.

ORDER FOR SEALING

ZILLOW, INC., et al.,
Defendants.

THIS MATTER IS BEFORE THE COURT on the “Consent Motion To File
Under Seal And Supporting Brief” (Document No. 244) filed December 21, 2012. This
motion has been referred to the undersigned Magistrate Judge pursuant to 28 U.S.C. §
636(b), and immediate review is appropriate. Having carefully considered the motion,
and noting the parties’ consent, the Court finds as follows:
1.

The documents sought to be sealed are NexTag’s Memorandum in

Opposition to LendingTree’s Motion to Compel Additional Source Code Discovery from
NexTag, supporting declarations and certain exhibits.
2.

Sealing is necessary, and there are no alternatives to filing under seal,

because NexTag’s memorandum, supporting declarations and certain exhibits contain
information designated by NexTag as “Highly Confidential—Attorneys’ Eyes Only” or
“Highly Sensitive—Source Code” pursuant to the terms of the Joint Stipulated Protective
Order, which was approved and entered by this Court on March 23, 2011 (Doc. No. 86).
That Order provides, at ¶13, that any information so designated “may not be filed in

Court, whether separately or with or as part of pleadings or other court papers, except
under seal.”
3.

With respect to the duration of sealing, the Court finds it appropriate for

the material to remain sealed for so long as it is protected as Confidential pursuant to the
Joint Stipulated Protective Order.
Good cause having been shown, it is hereby:
IT IS, THEREFORE, ORDERED that the Clerk of this Court shall seal (1)
NexTag’s Memorandum in Opposition to LendingTree’s Motion to Compel Additional
Source Code Discovery from NexTag, supporting declarations and certain exhibits; and
(2) shall make such documents available electronically only to Court personnel and to all
counsel of record for LendingTree and NexTag.

Signed: December 21, 2012

SEALED DOCUMENT with access to Specified Parties/Plaintiff.

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