I/P Engine, Inc. v. AOL, Inc. et al
Filing
137
Memorandum in Support re 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 filed by Google Inc., IAC Search & Media, Inc.. (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.
MEMORANDUM IN SUPPORT OF 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
In support of its Motion to Seal pursuant to Local Rule 5, and the Protective Order [Dk.
85] entered in this matter, Google Inc. (“Google”) and IAC Search & Media, Inc. (IAC Search)
state the following:
1.
Google and IAC Search move the Court for leave to file under 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”). Portions of Defendants’ Reply Brief and Certain
Exhibits to the O’Brien Declaration contain data that is confidential under the Protective Order
entered in this matter on January 23, 2012 (Dkt. 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 Ashcraft v. Conoco, Inc., 218 F.3d 282, 288 (4th Cir. 2000)). Google and IAC
Search contend that Portions of Defendants’ Reply Brief and Certain Exhibits to the O’Brien
Declaration contain data that is and should be kept confidential. In camera copies of Portions of
Defendants’ Reply Brief and Certain Exhibits to the O’Brien Declaration are being provided to
the Court. In light of Google’s and IAC Search’s concerns and the Protective Order, there
appears to be no alternative that appropriately serves Google’s and IAC Search’s expressed
confidentiality concerns.
3.
For the sake of consistency with practices governing the case as a whole, Google
and IAC Search believe Portions of Defendants’ Reply Brief and Certain Exhibits to the O’Brien
Declaration should remain sealed and be treated in accordance with the terms and conditions of
the Protective Order.
Accordingly, and in satisfaction of the requirements of Local Rule 5, Google and IAC
Search respectfully asks the Court to seal the Portions of Defendants’ Reply Brief and Certain
Exhibits to the O’Brien Declaration.
DATED: April 19, 2012
/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 &
2
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.
3
CERTIFICATE OF SERVICE
I hereby certify that on April 19, 2012, 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.
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
Counsel for Google Inc.,
Target Corporation,
IAC Search & Media, Inc., and
Gannet Co., Inc.
4
/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
11659955_1.DOC
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