Personal Audio, LLC v. XM Satellite Radio, Inc.

Filing 12

Unopposed MOTION for Leave to File under Seal by XM Satellite Radio, Inc.. (Attachments: # 1 Text of Proposed Order)(DeRieux, Elizabeth)

IN THE UNITED STATES DISTRICTCOURT EASTERN DISTRICT OF TEXAS LUFKIN DIVISION PERSONAL AUDIO, LLC, Plaintiff, v. XM SATELLITE RADIO, INC. Defendant. CASE NO. 9:10-CV-00035-RC JURY TRIAL DEMANDED

UNOPPOSED MOTION FOR LEAVE TO FILE UNDER SEAL COMES NOW, Defendant XM Satellite, Inc., and files this Unopposed Motion for Leave to File under Seal, and in support thereof would respectfully show the Court as follows: Exhibits A-C to the Declaration of Benu Mehra in Support of XM Satellite, Inc.'s Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) contain confidential information. Accordingly, Defendant XM Satellite, Inc. requests that it be permitted to file its exhibits under seal. Plaintiff's counsel does not oppose this request. Dated: May 11, 2010 Respectfully Submitted, /s/ Elizabeth L. DeRieux S. Calvin Capshaw State Bar N. 03783900 Elizabeth L. DeRieux State Bar No. 05770585 D. Jeffrey Rambin State Bar No. 00791478 The Energy Centre 1127 Judson Road, Suite 220 Longview, Texas 75601-5157 Tel. :[phone] Fax: [phone] [e-mail] [e-mail]
By:

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[e-mail]
OF COUNSEL: KRAMER, LEVIN, NAFTALIS & FRANKEL, LLP

Jonathan S. Caplan Mark A. Baghdassarian Benu Mehra Marcus A. Colucci 1177 Avenue of the Americas New York, New York 10036 Tel.: [phone] Fax: [phone] CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the above and foregoing document has been served on all counsel of record who are deemed to have consented to electronic service via the Court's CM/ECF system per Local Rule CV-5(a)(3). /s/ Elizabeth L. DeRieux

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