I/P Engine, Inc. v. AOL, Inc. et al
Filing
1019
NOTICE by AOL Inc., Gannett Company, Inc., Google Inc., IAC Search & Media, Inc., Target Corporation re 1017 MOTION to Seal (Motion To Seal (1) Portions Of Defendants Opening Brief On Issues Raised In The Courts August 14 Order; (2) Portions Of The Brief In Support Of Defendants Motion For Leave To Submit Evidence and Offer Proof In Support Of Defendants Opening Brief On Issues Raised In The Courts August 14 Order; and (3) Exhibits 1-3 Of The Declaration Of Howard Chen In Support Of Defendants Motion For Leave To Submit Evidence and Offer Proof In Support Of Defendants Opening Brief On Issues Raised In The Courts August 14 Order (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.
NOTICE OF MOTION TO SEAL (1) PORTIONS OF DEFENDANTS’ OPENING BRIEF
ON ISSUES RAISED IN THE COURT’S AUGUST 14 ORDER; (2) PORTIONS OF THE
BRIEF IN SUPPORT OF DEFENDANTS’ MOTION FOR LEAVE TO SUBMIT
EVIDENCE AND OFFER PROOF IN SUPPORT OF DEFENDANTS’ OPENING BRIEF
ON ISSUES RAISED IN THE COURT’S AUGUST 14 ORDER; AND (3) EXHIBITS 1-3
OF THE DECLARATION OF HOWARD CHEN IN SUPPORT OF DEFENDANTS’
MOTION FOR LEAVE TO SUBMIT EVIDENCE AND OFFER PROOF IN SUPPORT
OF DEFENDANTS’ OPENING BRIEF ON ISSUES RAISED IN THE COURT’S
AUGUST 14 ORDER
PLEASE TAKE NOTICE THAT Defendants Google Inc., Target Corporation, IAC
Search & Media, Inc., Gannett Co., Inc. and AOL Inc. (collectively “Defendants”), by counsel,
pursuant to Rule 5 of the Local Rules of Practice for the United States District Court for the
Eastern District of Virginia and the Protective Order entered in this matter on January 23, 2012
(Doc. No. 85) (“Protective Order”), have moved the Court for leave to file under seal: (1)
Portions of Defendants’ Opening Brief on Issues Raised in the Court’s August 14 Order
(“Portions of Defendants’ Opening Brief”); (2) Portions of the Brief in Support of Defendants’
Motion for Leave to Submit Evidence and Offer Proof in Support of Defendants’ Opening Brief
on Issues Raised in the Court’s August 14 Order (“Portions of Defendants’ Brief in Support of
Motion for Leave”); and (3) Exhibits 1-3 to the Declaration of Howard Chen in Support of
Defendants’ Motion for Leave to Submit Evidence and Offer Proof in Support of Defendants’
Opening Brief on Issues Raised in the Court’s August 14 Order (“Certain Exhibits to the Chen
Declaration”). Grounds and authorities for the Motion to Seal along with specific grounds to
support each sealing are set forth in Defendants’ Memorandum in Support of Motion to Seal.
Before this Court may seal Court documents, it must: (1) provide public notice with an
opportunity to object; (2) consider less drastic alternatives; and (3) state specific findings in
support of a decision to seal and reject alternatives to sealing. See, e.g., Flexible Benefits
Council v. Feltman, 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)).
In compliance with Local Rule 5 of the Rules of this Court and Ashcraft, the Court posts
the following notice to the public: “This serves as public notice that Defendants have moved to
file under seal Portions of Defendants’ Opening Brief, Portions of Defendants’ Brief in Support
of Motion for Leave, and Certain Exhibits to the Chen Declaration. Objections to this Motion
should be filed in the Civil Section of the Clerk’s Office. The Notice will be posted for a
minimum of forty-eight (48) hours.”
DATED: October 30, 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 30, 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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