I/P Engine, Inc. v. AOL, Inc. et al
Filing
136
MOTION to Seal Portions of Reply Brief in Support of Motion to Compel and Exhibits AA and BB to the Declaration of Emily C. O'Brien in Support of the Reply by Google Inc., IAC Search & Media, Inc.. (Attachments: # 1 Exhibit 1)(Noona, Stephen)
Exhibit 1
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.
PROPOSED ORDER
Before the Court is the Motion to Seal filed by Google Inc. and IAC Search & Media,
Inc. (“Defendants’ Motion to Seal”) Portions of Defendants’ Reply Brief in Support of Motion to
Compel (“Portions of Defendants’ Reply Brief”) and Exhibits AA and BB to the Declaration of
Emily C. O’Brien in Support of the Reply (“Certain Exhibits to O’Brien Declaration”). 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.
Defendants have asked to file under seal Portions of Defendants’ Reply Brief and
Certain Exhibits to the O’Brien Declaration as set forth in their motion.
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
that Portions of Defendants’ Reply Brief and Certain Exhibits to the O’Brien Declaration 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, Portions
of Defendants’ Reply Brief and Certain Exhibits to the O’Brien Declaration shall remain sealed
and be treated in accordance with the terms and conditions of the Protective Order.
Accordingly, it is ORDERED that Defendants’ Motion to Seal is granted and Defendants
are permitted to file under seal Portions of Defendants’ Reply Brief and Certain Exhibits to the
O’Brien Declaration. 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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WE ASK FOR THIS:
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
Attorneys for Google Inc., and IAC Search & Media, Inc.
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SEEN:
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
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
Counsel for Plaintiff, I/P Engine, Inc.
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SEEN AND AGREED:
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
Attorneys for Google Inc., Target Corporation,
IAC Search & Media, Inc., AOL Inc, and Gannet Co., Inc.
11659947_1.DOC
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