I/P Engine, Inc. v. AOL, Inc. et al
Filing
214
MOTION to Seal Motion To Seal Portions Of Defendants Brief In Opposition To Plaintiff's Motion For Discovery Sanctions And Various Exhibits To The Declaration Of Emily OBrien In Support Thereof by Gannett Company, Inc., Google Inc., IAC Search & Media, Inc., Target Corporation. (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 Defendants, Google Inc., IAC Search &
Media, Inc., Gannett Co., Inc. and Target Corporation (“Defendants’ Motion to Seal”): (1)
Portions of Defendants’ Brief in Opposition To Plaintiff's Motion For Discovery Sanctions
(“Defendants’ Opposition Brief”) and (2) Exhibits M and N to the Declaration of Emily O’Brien
in Support thereof (“Certain Exhibits to the 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 (1) Defendants’ Opposition Brief and
(2) Certain Exhibits to the O’Brien 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 Defendants’ Opposition 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,
Defendants’ Opposition 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 Defendants’ Opposition Brief and Certain Exhibits (M and N) 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: 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: (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
Counsel for Defendants GOOGLE INC., IAC SEARCH & MEDIA, INC., TARGET CORP., and
GANNETT CO., INC.
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