I/P Engine, Inc. v. AOL, Inc. et al

Filing 996

Memorandum in Support re 995 MOTION to Seal Supplemental Memorandum Setting Forth Additional New Facts Justifying Its Request for Default Judgment in I/P Engine's Motion for Defendants to Show Cause Under Rule 37 for Noncompliance with the August 13, 2013 Order Along with Exhibits A and C and the Declaration of Charles J. Monterio, Jr. In Support of I/P Engine's Supplemental Memorandum of Additional Facts filed by I/P Engine, Inc.. (Sherwood, Jeffrey)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF VIRGINIA
NORFOLK DIVISION
__________________________________________
)
)
)
Plaintiff,
)
v.
)
)
AOL, INC. et al.,
)
)
Defendants.
)
__________________________________________)
I/P ENGINE, INC.,

Civ. Action No. 2:11-cv-512

MEMORANDUM IN SUPPORT OF MOTION TO SEAL I/P ENGINE’S
SUPPLEMENTAL MEMORANDUM SETTING FORTH ADDITIONAL NEW FACTS
JUSTIFYING ITS REQUEST FOR DEFAULT JUDGMENT IN I/P ENGINE’S MOTION
FOR DEFENDANTS TO SHOW CAUSE UNDER RULE 37 FOR NONCOMPLIANCE
WITH THE AUGUST 13, 2013 ORDER ALONG WITH EXHIBITS A AND C AND THE
DECLARATION OF CHARLES J. MONTERIO, JR. IN SUPPORT OF I/P ENGINE’S
SUPPLEMENTAL MEMORANDUM OF ADDITIONAL FACTS
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 Supplemental

Memorandum Setting Forth Additional New Facts Justifying Its Request For Default Judgment
In I/P Engine’s Motion For Defendants To Show Cause Under Rule 37 For Noncompliance with
the August 13, 2013 Order Along with Exhibits A and C and the Declaration of Charles J.
Monterio, Jr. in Support of I/P Engine’s Supplemental Memorandum of Additional Facts. The
afore-mentioned contains 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

DSMDB-3202988

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)). I/P Engine’s
Supplemental Memorandum Setting Forth Additional New Facts Justifying Its Request For
Default Judgment In I/P Engine’s Motion For Defendants To Show Cause Under Rule 37 For
Noncompliance with the August 13, 2013 Order Along with Exhibits A and C and the
Declaration of Charles J. Monterio, Jr. in Support of I/P Engine’s Supplemental Memorandum of
Additional Facts contains 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 specified Exhibits contains

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 specified Exhibits should remain sealed and be treated in
accordance with the terms and conditions of the Protective Order.
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 Supplemental
Memorandum Setting Forth Additional New Facts Justifying Its Request For Default Judgment
In I/P Engine’s Motion For Defendants To Show Cause Under Rule 37 For Noncompliance with
the August 13, 2013 Order Along with Exhibits A and C and the Declaration of Charles J.
Monterio, Jr. in Support of I/P Engine’s Supplemental Memorandum of Additional Facts.

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Dated: October 7, 2013

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: [phone]
Facsimile: [phone]
Jeffrey K. Sherwood (Virginia Bar No. 19222)
Frank C. Cimino, Jr.
Kenneth W. Brothers
Charles J. Monterio, Jr.
DICKSTEIN SHAPIRO LLP
1825 Eye Street, NW
Washington, DC 20006
Telephone: [phone]
Facsimile: [phone]
Counsel for Plaintiff I/P Engine, Inc.

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CERTIFICATE OF SERVICE
I hereby certify that on this 7th day of October, 2013, the foregoing was served via the
Court’s CM/ECF system, on the following:
Stephen Edward Noona
Kaufman & Canoles, P.C.
150 W Main St
Suite 2100
Norfolk, VA 23510
[e-mail]
David Bilsker
David Perlson
Quinn Emanuel Urquhart & Sullivan LLP
50 California Street, 22nd Floor
San Francisco, CA 94111
[e-mail]
[e-mail]
Robert L. Burns
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Two Freedom Square
11955 Freedom Drive
Reston, VA 20190
[e-mail]
Cortney S. Alexander
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
3500 SunTrust Plaza
303 Peachtree Street, NE
Atlanta, GA 94111
[e-mail]
/s/ Jeffrey K. Sherwood

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