Gordon v. Virtumundo Inc et al

Filing 91

MOTION to Seal Reply in Support of Motion for Undertaking (Dkt. No. 92) by Defendants Virtumundo Inc, Adknowledge Inc, Scott Lynn. Noting Date 2/2/2007. (Attachments: # 1 Proposed Order Granting Leave to File Under Seal Defendants' Reply re Motion for Undertaking)(Newman, Derek)

Gordon v. Virtumundo Inc et al

Doc. 91

Case 2:06-cv-00204-JCC

Document 91

Filed 01/12/2007

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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 27 28 v. VIRTUMUNDO, INC, a Delaware corporation d/b/a ADNOWLEDGEMAIL.COM; ADKNOWLEDGE, INC., a Delaware corporation, d/b/a ADKNOWLEDGEMAIL.COM; SCOTT LYNN, an individual; and JOHN DOES, 1-X, Defendants. JAMES S. GORDON, Jr., a married individual, d/b/a `GORDONWORKS.COM'; OMNI INNOVATIONS, LLC., a Washington limited liability company, Plaintiffs,

The Honorable John C. Coughenour

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE NO. CV06-0204JCC DEFENDANTS' MOTION TO FILE UNDER SEAL NOTE ON MOTION CALENDAR: February 2, 2007

Pursuant to Local Rule 5(g) and Paragraph 13 of this Court's October 26, 2006 Protective Order filed in the above-captioned action (Dkt. No. 37), Defendants submit this motion to file their Reply in Support of Motion for an Undertaking (Dkt. No. 92, the "Reply"), together with the Declaration of Derek A. Newman in Support of Defendants' Motion for an Undertaking (Dkt. No. 93, the "Newman Decl.") under seal. Local Rule 5(g)(1) requires a showing "that the public's right of access is outweighed by the interests... of the parties in protecting files, records, or other
DEFENDANTS' MOTION TO FILE UNDER SEAL - 1 (CV06-0204JCC)
NEWMAN & NEWMAN, ATTORNEYS AT LAW, LLP 505 Fifth Ave. S., Ste. 610 Seattle, Washington 98104 [phone]

Dockets.Justia.com

Case 2:06-cv-00204-JCC

Document 91

Filed 01/12/2007

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documents from public review." The Reply and Newman Decl. request this Court order Plaintiffs to file an undertaking for the potential payment of attorneys' fees and costs, and are partially based on Plaintiff James Gordon's ("Gordon") testimony, which indicates the frivolousness of Plaintiffs' claims. Defendants' arguments required them to refer to Gordon's testimony. However, Gordon claims his testimony is confidential. Filing the Reply and Newman Decl. under seal will allow the Court to strike an effective balance between Defendants' interest in obtaining attorneys' fees and costs incurred in defending against a frivolous lawsuit, and any legitimate interest Gordon may have in preserving the confidentiality of his testimony. Accordingly, good cause exists for filing the Reply and Newman Decl. under seal. In addition, Paragraph 13 of the Protective Order provides as follows: "All materials containing CONFIDENTIAL INFORMATION that are submitted to the Court... shall remain confidential and shall be accorded in camera treatment." Defendants do not believe the information in the Reply and Newman Decl. is confidential. However, for Plaintiffs' benefit they have marked those documents "CONFIDENTIAL INFORMATION" and are moving to file them under seal, to ensure this Court reviews them in camera pursuant to the Protective Order.

DATED this 12th day of January, 2007. NEWMAN & NEWMAN, ATTORNEYS AT LAW, LLP

By:

Derek A. Newman, WSBA No. 26967 Roger M. Townsend, WSBA No. 25525 Attorneys for Defendants

DEFENDANTS' MOTION TO FILE UNDER SEAL - 2 (CV06-0204JCC)

NEWMAN & NEWMAN, ATTORNEYS AT LAW, LLP

505 Fifth Ave. S., Ste. 610 Seattle, Washington 98104 [phone]