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)

EXHIBIT 1
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF VIRGINIA
NORFOLK DIVISION
__________________________________________
)
)
)
Plaintiff,
)
v.
)
)
AOL, INC. et al.,
)
)
Defendants.
)
__________________________________________)
I/P ENGINE, INC.,

Civ. Action No. 2:11-cv-512

[PROPOSED] AGREED ORDER
Before the Court is Plaintiff I/P Engine, Inc.’s (“I/P Engine”) Motion to 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. 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.

Exhibits 15, 16, 17, 18, and 21 to its Memorandum in Support of its Motion to

Compel Defendant Google Inc.’s Custodial Document Production
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. 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)). This Court finds

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that Exhibits 15, 16, 17, 18, and 21 may contain data that is confidential under the Protective
Order entered 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, exhibits

15, 16, 17, 18, and 21 shall remain sealed and be treated in accordance with the terms and
conditions of the Protective Order.
Accordingly, it is ORDERED that Plaintiff’s Motion to Seal is granted and I/P Engine is
permitted 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. 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: April ___, 2012

Entered:

____/____/____

__________________________
United States District Court
Eastern District of Virginia

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