Gordon v. Virtumundo Inc et al

Filing 120

MOTION to Seal Portions of Declaration of Derek A. Newman by Plaintiff Omni Innovations LLC. Noting Date 5/4/2007.(Siegel, Robert)

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Gordon v. Virtumundo Inc et al Doc. 120 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 PLAINTIFF'S MOTION TO SEAL DECLARATION OF DEREK A. NEWMAN (DKT. NO. 101)- 1 Case No. CV06-0204 JCC Seattle-3363596.2 0036491-00001 Seattle-3363596.2 The Honorable John C. Coughenour UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE JAMES S. GORDON, et al., Case No. CV06-0204 JCC Plaintiffs, v. VIRTUMUNDO, INC. et al., [NOTED FOR HEARING MAY 4, 2007] Defendants. PLAINTIFFS' MOTION TO SEAL DECLARATION OF DEREK A. NEWMAN (DKT. NO. 101) Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 PLAINTIFF'S MOTION TO SEAL DECLARATION OF DEREK A. NEWMAN (DKT. NO. 101)- 2 Case No. CV06-0204 JCC Seattle-3363596.2 0036491-00001 Seattle-3363596.2 Pursuant to Local Rule 5(g) and Paragraphs 13 and 15 of this Court's October 26, 2006 Protective Order filed in the above-captioned action (Dkt. No. 37) (hereinafter the "Protective Order"), Plaintiffs file this motion to seal the Declaration of Derek A. Newman filed by Defendants in Support of Their Motion for Summary Judgment, and the accompanying exhibit (Dkt. No. 101) (hereinafter "Newman Declaration"). Specifically, Plaintiffs designate certain information contained on pages 38, 80, 82, and 83 of the deposition transcript of James Gordon, attached as Exhibit A of the Newman Declaration ("Gordon Dep. Transcript"), as confidential information pursuant to the Protective Order. Good cause exists to seal the Newman Declaration. The pages of the deposition transcript identified above disclose information that is protected by a confidential settlement agreement entered into between Plaintiffs and a third party. Such information should be sealed to protect the intent and expectations of the parties to that settlement to keep such information confidential. Paragraph 13 of the Protective Order states that "[a]ll materials containing CONFIDENTIAL INFORMATION that are submitted to the Court . . . shall remain confidential and shall be accorded in camera treatment." Paragraph 15 further states that the "inadvertent or unintentional disclosure of confidential information shall not be construed to be a waiver, in whole or in part, of [the supplying or obtaining party's] claims of confidentiality." 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Here, the information on pages 38, 80, 82, and 83 were disclosed inadvertently. During the deposition of James S. Gordon, counsel for both parties agreed to have pages 39 through 75 of the Gordon Dep. Transcript, which included information relating to the confidential settlement agreement between Plaintiffs and a third party, "marked as confidential pursuant to the protective order." See Dkt. No. 101, Ex. A (Transcript of the Deposition of James Gordon, Jr., Plaintiff), 38:8-9; see also id. at 36:10-37:14. These pages were already redacted from the submitted exhibit pursuant to counsel's agreement. See Dkt. No. 101, Ex. A (Transcript of the Deposition of James Gordon, Jr., Plaintiff), 39-75. However, the information on pages 38, 80, 82, and 83 of the Gordon Dep. Transcript, relating to this same subject, were not excerpted by inadvertence. Now, having identified such confidential information, Plaintiffs move to seal the confidential information contained on pages 38, 80, 82, and 83 of the Gordon Dep. Transcript.1 DATED: April 13, 2007. I.JUSTICE LAW, P.C. By_/s/ Robert J. Siegel ___ Robert J. Siegel, WSBA No. 17312 i.Justice Law PC 1325 4th Avenue, Ste 940 Seattle, WA 98101-2509 bob@ijusticelaw.com Because the Court's ECF system does not allow parties to seal individual pages of an electronically-filed document, Plaintiffs move to seal the document in its entirety. PLAINTIFF'S MOTION TO SEAL DECLARATION OF DEREK A. NEWMAN (DKT. NO. 101)- 3 Case No. CV06-0204 JCC Seattle-3363596.2 0036491-00001 Seattle-3363596.2 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Certificate of Service I, hereby, certify that on April 13, 2007, I filed this affidavit with this Court via approved electronic filing, and served the following: Attorneys for Defendants: Derek A. Newman, Newman & Newman . /s/ Robert J. Siegel_______________ Robert J. Siegel, WSBA #17312 PLAINTIFF'S MOTION TO SEAL DECLARATION OF DEREK A. NEWMAN (DKT. NO. 101)- 4 Case No. CV06-0204 JCC Seattle-3363596.2 0036491-00001 Seattle-3363596.2

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