I/P Engine, Inc. v. AOL, Inc. et al
Filing
454
Memorandum in Support re 453 MOTION to Seal Plaintiff I/P Engine, Inc.'s Opposition to Defendants' Motion in Limine #5 along with Exhibits 1 and 2 filed by I/P Engine, Inc.. (Attachments: # 1 Proposed Order)(Sherwood, Jeffrey)
EXHIBIT 1
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF VIRGINIA
NORFOLK DIVISION
__________________________________________
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I/P ENGINE, INC.,
)
)
Plaintiff,
)
v.
)
)
AOL, INC. et al.,
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)
Defendants.
)
__________________________________________)
Civ. Action No. 2:11-cv-512
[PROPOSED] AGREED ORDER
Before the Court is Plaintiff I/P Engine, Inc.’s (“I/P Engine”) Motion to seal its
Opposition to Defendant’s Motion in Limine #5 to Preclude Plaintiff from Introducing Evidence
of Damages Against AOL Inc., Gannett Co., Inc., IAC Search & Media, Inc., and Target
Corporation along with Exhibits 1 and 2. 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.
Opposition to Defendant’s Motion in Limine #5 to Preclude Plaintiff from
Introducing Evidence of Damages Against AOL Inc., Gannett Co., Inc., IAC Search & Media,
Inc., and Target Corporation along with Exhibits 1 and 2
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
DSMDB-3100042
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 the Opposition and Exhibits 1 and 2 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, the
Opposition and Exhibits 1 and 2 shall remain sealed and be treated in accordance with the terms
and conditions of the Protective Order.
Accordingly, it is ORDERED that Plaintiff’s Motion to Seal is granted and I/P Engine is
permitted to file under seal its Opposition to Defendant’s Motion in Limine #5 to Preclude
Plaintiff from Introducing Evidence of Damages Against AOL Inc., Gannett Co., Inc., IAC
Search & Media, Inc., and Target Corporation along with Exhibits 1 and 2. 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
2
DSMDB-3100042
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