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

Filing 138

NOTICE by Google Inc., IAC Search & Media, Inc. 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 (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.

NOTICE 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
PLEASE TAKE NOTICE THAT Defendants Google Inc. and IAC Search & Media, Inc.
( collectively “Defendants”), by counsel, pursuant to Rule 5 of the Local Rules of Practice for the
United States District Court for the Eastern District of Virginia and the Protective Order [Dkt.
No. 85] entered in this matter, have moved 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”). Grounds and authorities for this Motion are set
forth in Defendants’ Memorandum in Support of Motion to Seal. Portions of Defendants’ Reply
Brief and Certain Exhibits to the O’Brien Declaration contain confidential information and,
under the Protective Order (Dkt. No. 85), should be filed under seal.
Before this Court may seal Court documents, it must: (1) provide public notice with an
opportunity to object; (2) consider less drastic alternatives; and (3) state specific findings in
support of a decision to seal and reject 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)).
In compliance with Local Rule 5 of the Rules of this Court and Ashcroft, the Court posts
the following notice to the public: “This serves as public notice that Defendants have moved to
file under seal Portions of Defendants’ Reply Brief and Certain Exhibits to the O’Brien
Declaration. Objections to this Motion should be filed in the Civil Section of the Clerk’s Office.
The Notice will be posted for a minimum of forty-eight (48) hours.”

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: [phone]
Facsimile: [phone]
[e-mail]
David Bilsker
David A. Perlson
QUINN EMANUEL URQUHART &
SULLIVAN, LLP
50 California Street, 22nd Floor
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for Attorneys for Google Inc. and IAC Search
& Media, Inc.

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: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Donald C. Schultz
W. Ryan Snow
Steven Stancliff
CRENSHAW, WARE & MARTIN, P.L.C.
150 West Main Street, Suite 1500
Norfolk, VA 23510
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
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: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Google Inc., Target Corporation,
IAC Search & Media, Inc., and Gannet Co., Inc.

/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: [phone]
Facsimile: [phone]
[e-mail]
11659960_1.DOC