Perritt et al v. The Cupcakery, et al

Filing 89

Unopposed MOTION to Seal Plaintiffs' Motion for Leave and Supplemental Surreply Brief In Opposition to Defendants' Motion to Transfer Venue by Buster Baking, Ricky B Perritt, The Cupcakery, The Woodlands Baking, LLC. (Attachments: # 1 Text of Proposed Order)(Barnes, Stephanie)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
RICKY B. PERRITT, Individually;
THE CUPCAKERY, LLC, a Texas Limited
Liability Company; BUSTER BAKING,
LLC, a Texas Limited Liability Company;
THE WOODLANDS BAKING, LLC,
a Texas Limited Liability Company;
CUSTOM VERSION CORPORATION,
a Texas Corporation
Plaintiffs,
v.
PAMELA F. JENKINS, Individually; and
THE CUPCAKERY LLC, a Nevada
Limited Liability Company
Defendants.

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Civil Action No. 4:11-CV-23

UNOPPOSED MOTION TO FILE PLAINTIFFS’ MOTION FOR LEAVE AND
SUPPLEMENTAL SURREPLY BRIEF
IN OPPOSITION TO DEFENDANTS’ MOTION TO TRANSFER VENUE UNDER SEAL
Plaintiffs RICKY B. PERRITT, Individually, THE CUPCAKERY, LLC, a Texas
Limited Liability Company, BUSTER BAKING, LLC, a Texas Limited Liability Company,
THE WOODLANDS BAKING, LLC, a Texas Limited Liability Company, and CUSTOM
VERSION CORPORATION, a Texas Corporation (collectively “Plaintiffs”), by and through
their attorneys, hereby move this Court to file both (1) Plaintiffs’ Motion for Leave to File
Plaintiffs’ Supplemental Surreply Brief in Opposition to Defendants’ Motion to Transfer Venue
and (2) Plaintiffs’ Supplemental Surreply Brief in Opposition to Defendants’ Motion to Transfer
Venue and all exhibits thereto (“Plaintiffs’ Motion for Leave and Supplemental Surreply”) under
seal. Plaintiffs’ Motion for Leave and Supplemental Surreply contain and/or refer to information

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which has been alleged to be confidential by Defendants. Plaintiffs dispute this characterization;
however, Plaintiffs move to file their Motion for Leave and Supplemental Surreply under seal
until this issue is resolved.
Accordingly, Plaintiffs respectfully request that the Court grant Plaintiffs’ motion to file
their Motion for Leave and Supplemental Surreply Brief in Opposition to Defendants’ Motion to
Transfer Venue under seal.

Respectfully submitted,
SIEBMAN, BURG, PHILLIPS & SMITH, LLP
/s/ Stephanie R. Barnes
CLYDE M. SIEBMAN
State Bar No. 18341600
BRYAN H. BURG
State Bar No. 03374500
STEPHANIE R. BARNES
State Bar No. 24045696
Federal Courthouse Square
300 North Travis Street
Sherman, Texas 75090
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
ATTORNEYS FOR PLAINTIFFS

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CERTIFICATE OF SERVICE

The undersigned certifies that on this 7th day of July, 2011, all counsel of record who are
deemed to have consented to electronic service are being served with a copy of this document
through the Court’s CM/ECF system under Local Rule CV-5(a)(3). Any other counsel of record
will be served by a facsimile transmission and/or first class mail.

/s/ Stephanie R. Barnes

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