I/P Engine, Inc. v. AOL, Inc. et al
Filing
1001
Memorandum in Support re 1000 MOTION to Seal (1) Portions of the Declaration of Kristin Zmrhal in Support of Defendants' Opposition to Plaintifif's Motion for Leave to File Supplemental Memorandum Regarding Motion to Show Cause; (2) Portions of Exhibits 6-8 to the Dec filed by AOL Inc., Gannett Company, Inc., Google Inc., IAC Search & Media, Inc., Target Corporation. (Noona, Stephen)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF VIRGINIA
NORFOLK DIVISION
I/P ENGINE, INC.
Plaintiff,
v.
Civil Action No. 2:11-cv-512
AOL INC., et al.,
Defendants.
MEMORANDUM IN SUPPORT OF MOTION TO SEAL (1) PORTIONS OF THE
DECLARATION OF KRISTIN ZMRHAL IN SUPPORT OF DEFENDANTS’
OPPOSITION TO PLAINTIFF’S MOTION FOR LEAVE TO FILE SUPPLEMENTAL
MEMORANDUM REGARDING MOTION TO SHOW CAUSE; (2) PORTIONS OF
EXHIBITS 6-8 TO THE DECLARATION OF JOSHUA L. SOHN IN SUPPORT
THEREOF; AND (3) EXHIBITS 9-10 TO THE DECLARATION OF JOSHUA L. SOHN
IN SUPPORT THEREOF
In support of their Motion to Seal pursuant to Local Rule 5, and the Protective Order
entered in this matter on January 23, 2012 (Doc. No. 85), Defendants Google Inc., Target
Corporation, IAC Search & Media, Inc., Gannett Co., Inc. and AOL Inc. (collectively
“Defendants”) state the following:
1.
Defendants have moved the court for leave to file under seal (1) Portions of the
Declaration of Kristin Zmrhal in Support of Defendants’ Opposition to Plaintiff’s Motion for
Leave to File Supplemental Memorandum Regarding Motion to Show Cause (“Portions of the
Zmrhal Declaration”); (2) Portions of Exhibits 6-8 to the Declaration of Joshua L. Sohn in
Support of Defendants’ Opposition to Plaintiff’s Motion for Leave to File Supplemental
Memorandum Regarding Motion to Show Cause and Motion to Strike Plaintiff’s Supplemental
Memorandum (“Portions of Exhibits 6-8 to the Sohn Declaration”); and (3) Exhibits 9-10 to the
Declaration of Joshua L. Sohn in Support of Defendants’ Opposition to Plaintiff’s Motion for
Leave to File Supplemental Memorandum Regarding Motion to Show Cause and Motion to
Strike Plaintiff’s Supplemental Memorandum (“Exhibits 9-10 to the Sohn Declaration”).
2.
Portions of the Zmrhal Declaration, Portions of Exhibits 6-8 to the Sohn
Declaration and Exhibits 9-10 to the Sohn Declaration contain data that is confidential under the
Protective Order.
3.
There are three requirements for sealing court filings: (1) public notice with an
opportunity to object; (2) consideration of less drastic alternatives; and (3) a statement of specific
findings in support of a decision to seal and rejecting alternatives to sealing. See, e.g., Flexible
Benefits Council v. Feldman, No. 1:08-CV-371, 2008 U.S. Dist. LEXIS 93039 (E.D. Va. Nov.
13, 2008) (citing Ashcraft v. Conoco, Inc., 218 F.3d 282, 288 (4th Cir. 2000)). Defendants
contend that Portions of the Zmrhal Declaration, Portions of Exhibits 6-8 to the Sohn Declaration
and Exhibits 9-10 to the Sohn Declaration contain data that is confidential under the Protective
Order. Defendants specifically state as reasons for sealing the requested pleadings that they
contain highly confidential business and trade secret information, all of which is not generally
known, has economic value, and the disclosure of which would cause competitive harm if made
widely public.
Defendants have made all reasonable efforts to narrowly limit their redactions in
compliance with the law of this Circuit.
4.
In camera copies of Portions of the Zmrhal Declaration, Portions of Exhibits 6-8
to the Sohn Declaration and Exhibits 9-10 to the Sohn Declaration have been forwarded to the
Court.
5.
By filing narrowly redacted public pleadings, the Defendants have made all
reasonable efforts to limit their redactions in compliance with the law of this Circuit.
6.
For the sake of consistency with practices governing the case as a whole, Portions
of the Zmrhal Declaration, Portions of Exhibits 6-8 to the Sohn Declaration and Exhibits 9-10 to
the Sohn Declaration should remain sealed and be treated in accordance with the terms and
conditions of the Protective Order.
Accordingly, and in satisfaction of the requirements of Local Rule 5, Defendants
respectfully ask the Court to seal Portions of the Zmrhal Declaration, Portions of Exhibits 6-8 to
the Sohn Declaration and Exhibits 9-10 to the Sohn Declaration.
DATED: October 21, 2013
/s/ Stephen E. Noona
Stephen E. Noona
Virginia State Bar No. 25367
KAUFMAN & CANOLES, P.C.
150 West Main Street, Suite 2100
Norfolk, VA 23510
Telephone: (757) 624-3000
Facsimile: (757) 624-3169
senoona@kaufcan.com
David Bilsker
David A. Perlson
QUINN EMANUEL URQUHART &
SULLIVAN, LLP
50 California Street, 22nd Floor
San Francisco, California 94111
Telephone: (415) 875-6600
Facsimile: (415) 875-6700
davidbilsker@quinnemanuel.com
davidperlson@quinnemanuel.com
Counsel for Google Inc., Target Corporation,
IAC Search & Media, Inc., and Gannett Co., Inc.
/s/ Stephen E. Noona
Stephen E. Noona
Virginia State Bar No. 25367
KAUFMAN & CANOLES, P.C.
150 W. Main Street, Suite 2100
Norfolk, VA 23510
Telephone: (757) 624-3000
Facsimile: (757) 624-3169
senoona@kaufcan.com
Robert L. Burns
FINNEGAN, HENDERSON, FARABOW, GARRETT &
DUNNER, LLP
Two Freedom Square
11955 Freedom Drive
Reston, VA 20190
Telephone: (571) 203-2700
Facsimile: (202) 408-4400
Cortney S. Alexander
FINNEGAN, HENDERSON, FARABOW, GARRETT &
DUNNER, LLP
3500 SunTrust Plaza
303 Peachtree Street, NE
Atlanta, GA 94111
Telephone: (404) 653-6400
Facsimile: (415) 653-6444
Counsel for Defendant AOL Inc.
CERTIFICATE OF SERVICE
I hereby certify that on October 21, 2013, I will electronically file the foregoing with the
Clerk of Court using the CM/ECF system, which will send a notification of such filing (NEF) to
the following:
Jeffrey K. Sherwood
Kenneth W. Brothers
DICKSTEIN SHAPIRO LLP
1825 Eye Street NW
Washington, DC 20006
Telephone: (202) 420-2200
Facsimile: (202) 420-2201
sherwoodj@dicksteinshapiro.com
brothersk@dicksteinshapiro.com
Donald C. Schultz
W. Ryan Snow
Steven Stancliff
CRENSHAW, WARE & MARTIN, P.L.C.
150 West Main Street, Suite 1500
Norfolk, VA 23510
Telephone: (757) 623-3000
Facsimile: (757) 623-5735
dschultz@cwm-law.cm
wrsnow@cwm-law.com
sstancliff@cwm-law.com
Counsel for Plaintiff, I/P Engine, Inc.
/s/ Stephen E. Noona
Stephen E. Noona
Virginia State Bar No. 25367
KAUFMAN & CANOLES, P.C.
150 West Main Street, Suite 2100
Norfolk, VA 23510
Telephone: (757) 624-3000
Facsimile: (757) 624-3169
senoona@kaufcan.com
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