I/P Engine, Inc. v. AOL, Inc. et al
Filing
568
Memorandum in Support re 567 MOTION to Seal Plaintiff I/P Engine, Inc.'s Reply in Further Support of its Motion to Exclude Opinions and Testimony of Keith R. Ugone along with Exhibits 1-3 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,
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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 Reply in
Further Support of its Motion to Exclude Opinions and Testimony of Keith R. Ugone along with
Exhibits 1-3. 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 Reply in Further Support of its Motion to Exclude
Opinions and Testimony of Keith R. Ugone along with Exhibits 1-3
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 the Reply in Further Support of its Motion to Exclude Opinions and Testimony of Keith R.
Ugone along with Exhibits 1-3 may contain data that is confidential under the Protective Order
DSMDB-3100042
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
Reply and Exhibits 1-3 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 Reply in Further Support of its Motion to Exclude Opinions and
Testimony of Keith R. Ugone along with Exhibits 1-3. 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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