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

Filing 234

MOTION to Seal Portions of the Memorandum in Support of Defendants' Motion for Summary Judgment; Exhibits 4-9, 21-22, and 25-31 to the Declaration of Howard Chen in Support of Defendants' Motion for Summary Judgment; and the Declaration of Bartholomew Furrow in Support of Defendants' Motion for Summary Judgment by AOL Inc., Gannett Company, Inc., Google Inc., IAC Search & Media, Inc., Target Corporation. (Attachments: # 1 Exhibit 1)(Noona, Stephen)

Exhibit 1

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., Target
Corporation, IAC Search & Media, Inc., Gannet Co., Inc. and AOL Inc. (collectively
“Defendants”) (“Defendants’ Motion to Seal”) (1) Portions of the Memorandum in Support of
Defendants’ Motion for Summary Judgment (“Defendants’ Memorandum in Support”); (2)
Exhibits 4-9, 21-22 and 25-31 to the Declaration of Howard Chen in Support of Defendants’
Motion for Summary Judgment (“Certain Exhibits to Chen Declaration”); and (3) the
Declaration of Bartholomew Furrow in Support of Defendants’ Motion for Summary Judgment
(“the Furrow 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 Defendants’ Memorandum in Support,

Certain Exhibits to Chen Declaration, and the Furrow Declaration.
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’ Memorandum in Support, Certain Exhibits to Chen Declaration, and the Furrow
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’ Memorandum in Support, Certain Exhibits to Chen Declaration, and the Furrow
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’ Memorandum in Support, Certain Exhibits to Chen
Declaration, and the Furrow 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: September ____, 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]
Counsel for Defendants 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]
Robert L. Burns
FINNEGAN, HENDERSON, FARABOW,
GARRETT & DUNNER, LLP
Two Freedom Square
11955 Freedom Drive
Reston, VA 20190
Telephone: [phone]
Facsimile: [phone]

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Courtney 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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SEEN AND AGREED:

/s/ Donald C. Schultz
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]
Jeffrey K. Sherwood
Kenneth W. Brothers
DICKSTEIN SHAPIRO LLP
1825 Eye Street NW
Washington, DC 20006
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Counsel for Plaintiff, I/P Engine, Inc.

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