I/P Engine, Inc. v. AOL, Inc. et al
Filing
286
Memorandum in Support re 285 MOTION to Seal Memorandum in Support of Plaintiff I/P Engine, Inc.'s Third Motion for Discovery Sanctions Regarding Untimely Discovery Responses along with Exhibits 1, 4, 5, 6, 7, in support filed by I/P Engine, Inc.. (Attachments: # 1 Proposed Order)(Sherwood, Jeffrey)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF VIRGINIA
NORFOLK DIVISION
__________________________________________
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)
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Plaintiff,
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v.
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AOL, INC. et al.,
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Defendants.
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__________________________________________)
I/P ENGINE, INC.,
Civ. Action No. 2:11-cv-512
MEMORANDUM IN SUPPORT OF MOTION TO SEAL I/P ENGINE’S
MEMORANDUM IN SUPPORT OF THIRD MOTION FOR DISCOVERY SANCTIONS
REGARDING UNTIMELY DISCOVERY RESPONSES ALONG WITH EXHIBITS 1, 4,
5, 6, AND 7 IN SUPPORT
In support of its Motion to Seal pursuant to Local Rule 5, Plaintiff I/P Engine, Inc. (“I/P
Engine”) states the following:
1.
I/P Engine moves the Court for leave to file under seal its Memorandum in
Support its Third Motion for Discovery Sanctions Regarding Untimely Discovery Responses
along with Exhibits 1, 4, 5, 6, 7 in support. The afore-mentioned contain information that is
marked as confidential by Defendants under the Protective Order entered in this matter on
January 23, 2012 (D.I. 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
DSMDB-3099624
13, 2008) (citing Ashcroft v. Conoco, Inc., 218 F.3d 282, 288 (4th Cir. 2000)). I/P Engine’s
Memorandum in Support its Third Motion for Discovery Sanctions Regarding Untimely
Discovery Responses along with Exhibits 1, 4, 5, 6, 7 in support contain information that is
marked by Defendants as confidential. An in camera copy of the afore-mentioned is being
provided to the Court. In light of Defendant’s representation that this is confidential material
under the Protective Order, there appears to be no alternative that appropriately serves
Defendants’ confidentiality concerns.
3.
The information contained in the Memorandum and these exhibits contain
Google’s proprietary and confidential information.
4.
For the sake of consistency with practices governing the case as a whole, I/P
Engine believes its Memorandum and Exhibits 1, 4, 5, 6, 7 in support should remain sealed and
be treated in accordance with the terms and conditions of the Protective Order.
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DSMDB-3099624
5.
Accordingly, and in satisfaction of the requirements of Local Rule 5, I/P Engine
respectfully asks the Court to enter the Proposed Agreed Order sealing its Memorandum in
Support its Third Motion for Discovery Sanctions Regarding Untimely Discovery Responses
along with Exhibits 1, 4, 5, 6, 7 in support.
Dated: September 21, 2012
By: /s/ Jeffrey K. Sherwood
Donald C. Schultz (Virginia Bar No. 30531)
W. Ryan Snow (Virginia Bar No. 47423)
CRENSHAW, WARE & MARTIN PLC
150 West Main Street
Norfolk, VA 23510
Telephone: (757) 623-3000
Facsimile: (757) 623-5735
Jeffrey K. Sherwood (Virginia Bar No. 19222)
Frank C. Cimino, Jr.
Kenneth W. Brothers
DeAnna Allen
Charles J. Monterio, Jr.
DICKSTEIN SHAPIRO LLP
1825 Eye Street, NW
Washington, DC 20006
Telephone: (202) 420-2200
Facsimile: (202) 420-2201
Counsel for Plaintiff I/P Engine, Inc.
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CERTIFICATE OF SERVICE
I hereby certify that on this 21st day of September, 2012, the foregoing
MEMORANDUM IN SUPPORT OF MOTION TO SEAL I/P ENGINE’S
MEMORANDUM IN SUPPORT OF THIRD MOTION FOR DISCOVERY SANCTIONS
REGARDING UNTIMELY DISCOVERY RESPONSES ALONG WITH EXHIBITS 1, 4,
5, 6, AND 7 IN SUPPORT, was served via the Court’s CM/ECF system and via Hand Delivery,
on the following:
Stephen Edward Noona
Kaufman & Canoles, P.C.
150 W Main St
Suite 2100
Norfolk, VA 23510
senoona@kaufcan.com
David Bilsker
David Perlson
Quinn Emanuel Urquhart & Sullivan LLP
50 California Street, 22nd Floor
San Francisco, CA 94111
davidbilsker@quinnemanuel.com
davidperlson@quinnemanuel.com
Robert L. Burns
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Two Freedom Square
11955 Freedom Drive
Reston, VA 20190
robert.burns@finnegan.com
Cortney S. Alexander
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
3500 SunTrust Plaza
303 Peachtree Street, NE
Atlanta, GA 94111
cortney.alexander@finnegan.com
/s/ Jeffrey K. Sherwood
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