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

Filing 997

NOTICE by I/P Engine, Inc. 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 (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

NOTICE OF MOTION TO SEAL I/P ENGINE, INC.’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

PLEASE TAKE NOTICE THAT Plaintiff I/P Engine, Inc. (“I/P Engine”), pursuant to
Rule 5 of the Local Rules of Practice for the U.S. District Court for the Eastern District of
Virginia, have moved 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. Grounds and
authorities for this Motion are set forth in I/P Engine’s Memorandum in Support of Motion to
Seal. The afore-mentioned contains information marked as confidential by Defendants and,
under the Protective Order (D.I. No. 85), should be filed under seal. The information contained

DSMDB-3202995

in this 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 Google’s proprietary and confidential information.
Before this Court may seal Court documents, it must (1) provide public notice with an
opportunity to object; (2) consider less drastic alternatives; and (3) state specific findings in
support of a decision to seal and reject 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)).
In compliance with Local Rule 5 of the Rules of this Court, the Court posts the following
notice to the public: “This serves as public notice that I/P Engine has moved 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. Objections to this Motion should be filed in the Civil Section of the Clerk’s
Office. The Notice Of Motion To Seal I/P Engine, Inc.’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 will be posted for a minimum of
forty-eight (48) hours.”

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Dated: October 7, 2013

By: ___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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