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

Filing 206

MOTION to Seal Portions Of Google Inc.s Brief In Support Of Motion To Compel And Various Exhibits To The Declaration Of Jen Ghaussy in Support Thereof by Google 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. (“Google’s Motion to Seal”)
((1) Portions of Google Inc.’s Brief in Support of Motion to Compel (“Portions of Google’s Brief
to Compel”) and (2) Exhibits A-C, H-N, P-U to the Declaration of Jen Ghaussy in Support of
Google Inc.’s Motion to Compel (“Certain Exhibits to the Ghaussy 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 (1) Portions of Google’s Brief to Compel

and (2) Certain Exhibits to the Ghaussy Declaration in support thereof.
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 Google’s Brief to Compel and Certain Exhibits to the Ghaussy 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 Google’s Brief to Compel and Certain Exhibits to the Ghaussy Declaration shall remain sealed
and be treated in accordance with the terms and conditions of the Protective Order.
Accordingly, it is ORDERED that Google’s Motion to Seal is granted and Google is
permitted to file under seal Portions of Google’s Brief to Compel and Certain Exhibits (A-C, HN, P-U ) to the Ghaussy 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: August ____, 2012

Entered:

_____/_____/_____

______________________________
United States District Court
Eastern District of Virginia

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WE ASK FOR THIS:

/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 Defendant Google Inc.
11866980_1.DOC

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