I/P Engine, Inc. v. AOL, Inc. et al
Filing
116
Memorandum in Support re 115 MOTION to Seal I/P Engine, Inc.'s Motion to Seal Exhibits 15, 16, 17, 18, and 21 of IP Engine's Memorandum in Support of Its Motion to Compel Defendant Google, Inc.'s Custodial Document Production filed by I/P Engine, Inc.. (Attachments: # 1 Proposed Order)(Sherwood, Jeffrey)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF VIRGINIA
NORFOLK DIVISION
__________________________________________
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Plaintiff,
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v.
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AOL, INC. et al.,
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Defendants.
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__________________________________________)
I/P ENGINE, INC.,
Civ. Action No. 2:11-cv-512
MEMORANDUM IN SUPPORT OF MOTION TO SEAL EXHIBITS 15, 16, 17, 18, AND
21 OF I/P ENGINE’S MEMORANDUM IN SUPPORT OF ITS MOTION TO COMPEL
DEFENDANT GOOGLE, INC.’S CUSTODIAL DOCUMENT PRODUCTION
In support of its Motion to Seal pursuant to Local Rule 5, Plaintiff I/P Engine, Inc. (“I/P
Engine”) states the following:
1.
I/P Engine moves the Court for leave to file under seal exhibits 15, 16, 17, 18, and
21 to its Memorandum in Support of its Motion to Compel Defendant Google Inc.’s Custodial
Document Production. Exhibits 15, 16, 17, 18, and 21 contain information that is marked as
confidential by Defendants under the Protective Order entered in this matter on January 23, 2012
(D.I. No. 85) (“Protective Order”).
2.
There are three requirements for sealing court findings: (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 Ashcroft v. Conoco, Inc., 218 F.3d 282, 288 (4th Cir. 2000)). Exhibits 15, 16,
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17, 18, and 21 contain information that is marked by Defendants as confidential. An in camera
copy of exhibits 15, 16, 17, 18, and 21 is being provided to the Court. In light of Defendant’s
representation that this is confidential material and the Protective Order, there appears to be no
alternative that appropriately serves Defendants’ confidentiality concerns.
3.
The information contained in these exhibits contain Google’s proprietary and
confidential information.
4.
For the sake of consistency with practices governing the case as a whole, I/P
Engine believes exhibits 15, 16, 17, 18, and 21 should remain sealed and be treated in
accordance with the terms and conditions of the Protective Order.
5.
Accordingly, and in satisfaction of the requirements of Local Rule 5, I/P Engine
respectfully asks the Court to enter the Proposed Agreed Order sealing exhibits 15, 16, 17, 18,
and 21 to its Memorandum in Support of its Motion to Compel Defendant Google Inc.’s
Custodial Document Production.
Dated: April 11, 2012
By: /s/ Jeffrey K. Sherwood
Donald C. Schultz (Virginia Bar No. 30531)
W. Ryan Snow (Virginia Bar No. 47423)
CRENSHAW, WARE & MARTIN PLC
150 West Main Street
Norfolk, VA 23510
Telephone: (757) 623-3000
Facsimile: (757) 623-5735
Jeffrey K. Sherwood (Virginia Bar No. 19222)
Frank C. Cimino, Jr.
Kenneth W. Brothers
DeAnna Allen
Charles J. Monterio, Jr.
DICKSTEIN SHAPIRO LLP
1825 Eye Street, NW
Washington, DC 20006
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Telephone: (202) 420-2200
Facsimile: (202) 420-2201
Counsel for Plaintiff I/P Engine, Inc.
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CERTIFICATE OF SERVICE
I hereby certify that on this 11th day of April, 2012, the foregoing MEMORANDUM IN
SUPPORT OF MOTION TO SEAL EXHIBITS 15, 16, 17, 18, AND 21 OF I/P ENGINE’S
MEMORANDUM IN SUPPORT OF ITS MOTION TO COMPEL DEFENDANT
GOOGLE, INC.’S CUSTODIAL DOCUMENT PRODUCTION, was served via the Court’s
CM/ECF system, on the following:
Stephen Edward Noona
Kaufman & Canoles, P.C.
150 W Main St
Suite 2100
Norfolk, VA 23510
senoona@kaufcan.com
David Bilsker
David Perlson
Quinn Emanuel Urquhart & Sullivan LLP
50 California Street, 22nd Floor
San Francisco, CA 94111
davidbilsker@quinnemanuel.com
davidperlson@quinnemanuel.com
Robert L. Burns
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Two Freedom Square
11955 Freedom Drive
Reston, VA 20190
robert.burns@finnegan.com
Cortney S. Alexander
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
3500 SunTrust Plaza
303 Peachtree Street, NE
Atlanta, GA 94111
cortney.alexander@finnegan.com
/s/ Jeffrey K. Sherwood
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