I/P Engine, Inc. v. AOL, Inc. et al
Filing
463
Memorandum in Support re 462 MOTION to Seal Plaintiff I/P Engine, Inc.'s Opposition to Defendants Motion to Preclude Dr. Frieder from Testifying Regarding Untimely Opinions along with Exhibits 1-3 and 5 filed by I/P Engine, Inc.. (Attachments: # 1 Proposed Order)(Sherwood, Jeffrey)
EXHIBIT 1
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF VIRGINIA
NORFOLK DIVISION
__________________________________________
)
I/P ENGINE, INC.,
)
)
Plaintiff,
)
v.
)
)
AOL, INC. et al.,
)
)
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 Defendants’ Motion to Preclude Dr. Frieder from Testifying Regarding
“Untimely” Opinions along with Exhibits 1-3 and 5. 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.
Plaintiff I/P Engine, Inc.’s Opposition to Defendants’ Motion to Preclude Dr.
Frieder from Testifying Regarding “Untimely” Opinions along with Exhibits 1-3 and 5
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
DSMDB-3100042
that the Opposition to Defendants’ Motion to Preclude Dr. Frieder from Testifying Regarding
“Untimely” Opinions along with Exhibits 1-3 and 5 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 1-3 and 5 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 Defendants’ Motion to Preclude Dr. Frieder from
Testifying Regarding “Untimely” Opinions along with Exhibits 1-3 and 5. 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
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