I/P Engine, Inc. v. AOL, Inc. et al
Filing
517
MOTION to Seal (1) Portions of Defendants' Memorandum in Opposition to Plaintiff's Second Motion for Discovery Sanctions; (2) Portions of Defendants' Memorandum in Opposition to Plaintiff's Third Motion for Discovery Sanctions; (3) Portions of the Declaration of Margaret Kammerud in Support of Defendants' Opposition to Plaintiff's Third Motion for Discovery Sanctions; (4) Portions of Exhibits A-E, G, I-K to the Declaration of Jennifer Ghaussy in Support of Defendants' Opposition to Plaintiff's Second Motion for Discovery Sanctions; and (5) Exhibits L-Q to the Declaration of Margaret Kammerud in Support of Defendants' Opposition to Plaintiff's Third Motion for Discovery Sanctions 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., Gannett Co., Inc. and AOL Inc. (collectively
“Defendants”) (“Defendants’ Motion to Seal”) (1) Portions of Defendants’ Memorandum in
Opposition to Plaintiff’s Second Motion for Discovery Sanctions (“Opposition to Second Motion
for Sanctions”); (2) Portions of Defendants’ Memorandum in Opposition to Plaintiff’s Third
Motion for Discovery Sanctions (“Opposition to Third Motion for Sanctions”); (3) Portions of
the Declaration of Margaret Kammerud in Support of Defendants' Opposition to Plaintiff's
Second and Third Motions for Discovery Sanctions ("Kammerud Declaration"); (4) Portions of
Exhibits A-E, G, I-K to the Declaration of Jennifer Ghaussy in Support of Defendants’
Oppositions to Plaintiff’s Second and Third Motions for Discovery Sanctions (“Exhibits A-E, G,
I-K to Ghaussy Declaration”); and Portions of Exhibits L-Q to Kammerud 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 the Opposition to Second Motion for
Sanctions, the Opposition to Third Motion for Sanctions, the Kammerud Declaration, Exhibits
A-E, G, I-K to Ghaussy Declaration, and Exhibits L-Q to Kammerud Declaration as they contain
data that is confidential under the Protective Order entered in this matter on January 23, 2012
(Dkt. No. 85) (“Protective Order”).
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 Ashcraft v. Conoco, Inc., 218 F.3d 282, 288 (4th Cir. 2000)).
3.
This Court finds that the Opposition to Second Motion for Sanctions, the
Opposition to Third Motion for Sanctions, the Kammerud Declaration, Exhibits A-E, G, I-K to
Ghaussy Declaration, and Exhibits L-Q to Kammerud Declaration may contain data that is
confidential under the Protective Order; 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.
4.
Specifically, the Court finds the following reasons for sealing the requested
pleadings:
(a) The Opposition to Second Motion for Sanctions contains confidential Google
financial information and technical information that is not generally known, that
has economic value, and would cause competitive harm if made public;
(b) The Opposition to Third Motion for Sanctions contains confidential Google
technical information that is not generally known, that has economic value and
would cause competitive harm if made public;
(c)
The Kammerud Declaration contains confidential Google technical
information about the operation of Google technology that is not generally
known, that has economic value, and would cause competitive harm if made
public;
(d) Exhibit A to the Ghaussy Declaration contains confidential Google financial
information that is not generally known, that has economic value, and would
cause competitive harm if made public; and
(e) Exhibit B to the Ghaussy Declaration contains confidential Google financial
information that is not generally known, that has economic value, and would
cause competitive harm if made public;
(f) Exhibit C to the Ghaussy Declaration contains confidential Google financial
information that is not generally known, that has economic value, and would
cause competitive harm if made public;
(g) Exhibit D to the Ghaussy Declaration contains confidential Google financial
information that is not generally known, that has economic value, and would
cause competitive harm if made public;
(h) Exhibit E to the Ghaussy Declaration contains confidential Google financial
information that is not generally known, that has economic value, and would
cause competitive harm if made public;
(i) Exhibit G to the Ghaussy Declaration contains confidential Google technical
information about the operation of Google technology that is not generally
known, that has economic value, and would cause competitive harm if made
public;
(j) Exhibit I to the Ghaussy Declaration contains confidential Google financial
information and technical information about the operation of Google technology
that is not generally known, that has economic value, and would cause
competitive harm if made public;
(k) Exhibit J to the Ghaussy Declaration contains confidential Google technical
information about the operation of Google technology that is not generally
known, that has economic value, and would cause competitive harm if made
public;
(l) Exhibit K to the Ghaussy Declaration contains confidential Google financial
information and technical information about the operation of Google technology
that is not generally known, that has economic value, and would cause
competitive harm if made public;
(m) Exhibit L to the Kammerud Declaration contains confidential Google
technical information about the operation of Google technology that is not
generally known, that has economic value, and would cause competitive harm if
made public;
(n) Exhibit M to the Kammerud Declaration contains confidential Google
technical information about the operation of Google technology that is not
generally known, that has economic value, and would cause competitive harm if
made public;
(o) Exhibit N to the Kammerud Declaration contains confidential Google
technical information about the operation of Google technology that is not
generally known, that has economic value, and would cause competitive harm if
made public;
(p) Exhibit O to the Kammerud Declaration contains confidential Google
technical information about the operation of Google technology that is not
generally known, that has economic value, and would cause competitive harm if
made public;
(q) Exhibit P to the Kammerud Declaration contains confidential Google technical
information about the operation of Google technology that is not generally
known, that has economic value, and would cause competitive harm if made
public; and
(r) Exhibit Q to the Kammerud Declaration contains confidential Google technical
information about the operation of Google technology that is not generally
known, that has economic value, and would cause competitive harm if made
public.
Additionally, the Court finds that the Defendants have made all reasonable efforts to limit their
redactions in compliance with the law of this Circuit.
5.
In camera copies of Portions of the Opposition to Second Motion for Sanctions,
the Opposition to Third Motion for Sanctions, the Kammerud Declaration, Exhibits A-E, G, I-K
to Ghaussy Declaration and Exhibits L-Q to Kammerud Declaration have been reviewed by the
Court. In light of Defendants’ concerns and the Protective Order, there appears to be no
alternative that appropriately serves Defendants’ expressed confidentiality concerns.
6.
For the sake of consistency with practices governing the case as a whole, portions
of the Opposition to Second Motion for Sanctions, the Opposition to Third Motion for Sanctions,
the Kammerud Declaration, Exhibits A-E, G, I-K to Ghaussy Declaration, and Exhibits L-Q to
Kammerud Declaration shall remain sealed and be treated in accordance with the terms and
conditions of the Protective Order.
Accordingly, it is ORDERED that portions of the Opposition to Second Motion for
Sanctions, the Opposition to Third Motion for Sanctions, the Kammerud Declaration, Exhibits
A-E, G, I-K to Ghaussy Declaration, and Exhibits L-Q to Kammerud Declaration shall be filed
under seal. 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:
October ____, 2012
Entered:
_____/_____/_____
_____________________________
United States District Court
Eastern District of Virginia
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.,
Target Corporation, IAC Search &
Media, Inc., and Gannett 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: (757) 624-3000
Facsimile: (757) 624-3169
senoona@kaufcan.com
Robert L. Burns
FINNEGAN, HENDERSON, FARABOW,
GARRETT & DUNNER, LLP
Two Freedom Square
11955 Freedom Drive
Reston, VA 20190
Telephone: (571) 203-2700
Facsimile: (202) 408-4400
Courtney S. Alexander
FINNEGAN, HENDERSON, FARABOW,
GARRETT & DUNNER, LLP
3500 SunTrust Plaza
303 Peachtree Street, NE
Atlanta, GA 94111
Telephone: (404) 653-6400
Facsimile: (415) 653-6444
Counsel for Defendant AOL Inc.
11953447v1
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