I/P Engine, Inc. v. AOL, Inc. et al

Filing 1071

ORDER granting 965 Motion to Seal. Signed by District Judge Raymond A. Jackson on 12/23/13, Nunc Pro Tunc August 21, 2013. (tbro)

UNITED STATES DISTRICT COURT

DEC 2 3

EASTERN DISTRICT OF VIRGINIA
NORFOLK DIVISION

CLEHK, U Si
'

I/P ENGINE, INC.,
Plaintiff.

Civ. Action No. 2:1 l-cv-512

v.

AOL, INC. etal.,
Defendants.

AGREED ORDER

Before the Court is Plaintiff I/P Engine, Inc.*s (i;I/P Engine'') Motion to Seal its Notice

Of Calculation Of Supplemental Damages, Prejudgment Interest And Post-Judgment Interest.
After considering the Motion to Seal, Order and related filings, the Court is of the opinion that
the Motion to Seal should be granted. It is therefore ORDERED as follows:

1.

Notice Of Calculation Of Supplemental Damages, Prejudgment Interest And Post-

Judgment Interest.

2.

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. Felclman, No. 1:08-CV-371. 2008 U.S. Dist. LEXIS 93039 (E.D. Va. Nov.
13. 2008) (citing Ashcroft v. Conoco, Inc., 218 F.3d 282, 288 (4th Cir. 2000)). This Court finds
that I/P Engine's Notice Of Calculation Of Supplemental Damages, Prejudgment Interest And
Post-Judgment Interest may contain data that is confidential under the Protective Order entered

DSMDB-3190901

in this matter on January 23, 2012; that public notice has been given, that no objections have

been filed; that the public's interest in access is outweighed by the interests in preserving such
confidentiality; and that there are no alternatives that appropriately serve these interests.
3.

For the sake of consistency with practices governing the case as a whole, I/P

Engine's Notice Of Calculation Of Supplemental Damages, Prejudgment Interest And PostJudgment Interest shall remain sealed and be treated in accordance with the terms and conditions
of the Protective Order.

Accordingly, it is ORDERED that Plaintiffs Motion to Seal is granted and I/P Engine is

permitted to file under seal its Notice Of Calculation Of Supplemental Damages, Prejudgment
Interest And Post-Judgment Interest. The Court shall retain sealed materials until forty-five (45)
days after entry of a final order. If the case is not appealed, any sealed materials should then be
returned to counsel for the filing party.

Dated: AugustJ/ ,2013

Entered:

/£*- / 2*> I /3>

ayrnond A. Jackson

Unite^atgssBftgg-igtsgi^obdge
Eastern District of Virginia

DSMDB-3190901