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

Filing 182

Memorandum in Support re 181 MOTION to Seal Exhibit P to the Declaration of Jennifer Ghaussy in Support of Defendants' Opposition to Plaintiff's Motion for Leave to Take 30(b)(1) Depositions MOTION to Seal Exhibit P to the Declaration of Jennifer Ghaussy in Support of Defendants' Opposition to Plaintiff's Motion for Leave to Take 30(b)(1) Depositions filed by AOL Inc., Gannett Company, Inc., Google Inc., IAC Search & Media, Inc., Target Corporation. (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 EXHIBIT P TO THE
DECLARATION OF JENNIFER GHAUSSY IN SUPPORT OF DEFENDANTS'
OPPOSITION TO PLAINTIFF'S MOTION FOR LEAVE TO TAKE 30(B)(1)
DEPOSITIONS
In support of its Motion to Seal pursuant to Local Rule 5, and the Protective Order [Dk.
85] entered in this matter, Defendants AOL Inc. (“AOL”), Gannett Company, Inc. (“Gannett”),
Google Inc. (“Google”), IAC Search & Media, Inc. (“IAC”), and Target Corporation (“Target”)
(collectively “Defendants”) state the following:
1.

Defendants move the Court for leave to file under seal Exhibit P to the

Declaration of Jennifer Ghaussy in Support of Defendants’ Opposition to Plaintiff’s Motion for
Leave to Take 30(b)(1) Depositions (“Exhibit P to Ghaussy Declaration”). Exhibit P to Ghaussy
Declaration contains 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)). Defendants
contend that Exhibit P to Ghaussy Declaration contains data that is and should be kept
confidential. An in camera copy of Exhibit P to Ghaussy Declaration is being provided to the
Court.

In light of Defendants’ concerns and the Protective Order, there appears to be no

alternative that appropriately serves Defendants’ expressed confidentiality concerns.
3.

For the sake of consistency with practices governing the case as a whole,

Defendants believe Exhibit P to Ghaussy 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, Defendants
respectfully ask the Court to seal the Exhibit P to Ghaussy Declaration.

Dated: July 6, 2012

By: /s/ Stephen E. Noona
Stephen E. Noona
Virginia State Bar No. 25367
KAUFMAN & CANOLES, P.C.
150 W. Main Street, Suite 2100
Norfolk, VA 23510
Telephone: [phone]
Facsimile: [phone]
David A. Perlson
QUINN EMANUEL URQUHART &
SULLIVAN LLP
50 California Street, 22nd Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
Counsel for Defendants Google Inc., IAC Search &
Media, Inc., Target Corp., and Gannett Company, Inc.
By: /s/ Stephen E. Noona
Stephen E. Noona
Virginia State Bar No. 25367

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KAUFMAN & CANOLES, P.C.
150 W. Main Street, Suite 2100
Norfolk, VA 23510
Telephone: [phone]
Facsimile: [phone]
Robert L. Burns
FINNEGAN, HENDERSON, FARABOW,
GARRETT & DUNNER, LLP
Two Freedom Square
11955 Freedom Drive
Reston, VA 20190
Telephone: [phone]
Facsimile: [phone]
Cortney S. Alexander
FINNEGAN, HENDERSON, FARABOW,
GARRETT & DUNNER, LLP
3500 SunTrust Plaza
303 Peachtree Street, NE
Atlanta, GA 94111
Telephone: [phone]
Facsimile: [phone]
Counsel for Defendant AOL, Inc.

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CERTIFICATE OF SERVICE
I hereby certify that on July 6, 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 W. Main Street, Suite 2100
Norfolk, VA 23510
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Counsel for AOL Inc., Google, Inc.,
Gannett Co., Inc., Target Corporation and
IAC Search & Media, Inc.

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/s/ Stephen E. Noona
Stephen E. Noona
Virginia State Bar No. 25367
KAUFMAN & CANOLES, P.C.
150 W. Main Street, Suite 2100
Norfolk, VA 23510
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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