CLRB Hanson Industries, LLC et al v. Google Inc.

MOTION to Seal Joint statement of Undisputed facts

N.D. Cal.June 12, 2007

Google Inc.’s Notice of Administrative Motion and Motion for Leave to File a Document Under Seal CASE NO. 05-03649 JW 41063-0023/LEGAL13309764.1 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 27 28 DAVID T. BIDERMAN, Bar No. 101577 JUDITH B. GITTERMAN, Bar No. 115661 M. CHRISTOPHER JHANG, Bar No. 211463 PERKINS COIE LLP Four Embarcadero Center, Suite 2400 San Francisco, CA 94111-4131 Telephone: (415) 344-7000 Facsimile: (415) 344-7050 Email: DBiderman@perkinscoie.com Email: JGitterman@perkinscoie.com Email: CJhang@perkinscoie.com Attorneys for Defendant Google Inc. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION CLRB HANSON INDUSTRIES, LLC d/b/a INDUSTRIAL PRINTING, and HOWARD STERN, on behalf of themselves and all others similarly situated, Plaintiffs, v. GOOGLE, INC., Defendant. CASE NO. C O5-03649 JW GOOGLE INC.’S NOTICE OF ADMINISTRATIVE MOTION AND MOTION FOR LEAVE TO FILE A DOCUMENT UNDER SEAL PURSUANT TO CIV. L.R. 79-5 Date: June 21, 2007 Time: 10:00 a.m. Dept.: Courtroom 8 Judge: Honorable James Ware Case 5:05-cv-03649-JW Document 179 Filed 06/12/2007 Page 1 of 4 CLRB Hanson Industries, LLC et al v. Google Inc. Doc. 179 Dockets.Justia.com -2- Google Inc.’s Notice of Administrative Motion and Motion for Leave to File A Document Under Seal CASE NO. 05-03649 JW 41063-0023/LEGAL13309764.1 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 27 28 NOTICE OF MOTION AND MOTION TO PLAINTIFFS CLRB HANSON INDUSTRIES, LLC, d/b/a INDUSTRIAL PRINTING, and HOWARD STERN, AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on June 21, 2007, at 10:00 a.m., or at such later date and time as the Court may order, in Courtroom 8 of the United States District Court for the Northern District of California, San Jose Division, defendant Google Inc. (“Google”) will move for an order sealing the parties’ Joint Statement of Undisputed Facts. This motion is based upon this notice of motion and memorandum of points and authorities, and the Declaration of M. Christopher Jhang in Support of Google’s Administrative Motion For Leave To File A Document Under Seal Pursuant To Civ. L.R. 79-5. Dated: June 12, 2007 PERKINS COIE LLP By: /S/ M. Christopher Jhang Attorneys for Defendant Google Inc. Case 5:05-cv-03649-JW Document 179 Filed 06/12/2007 Page 2 of 4 -3- Google Inc.’s Notice of Administrative Motion and Motion for Leave to File A Document Under Seal CASE NO. 05-03649 JW 41063-0023/LEGAL13309764.1 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 27 28 MEMORANDUM OF POINTS AND AUTHORITIES I. INTRODUCTION Pursuant to Federal Rule of Civil Procedure 26(c) and Civil Local Rules 7-11 and 79- 5(b), defendant Google Inc. (“Google”) makes this Miscellaneous Administrative Request for an Order allowing Google to file under seal the parties’ Joint Statement of Undisputed Facts. Specifically, Google requests that the Court file the following document under seal: 1. JOINT STATEMENT OF UNDISPUTED FACTS. Good cause exists justifying the filing of the above document under seal because it contains, discusses, or refers to Google’s confidential, competitive, and business information. Accordingly, Google could be irreparably harmed if such confidential information is made available to the public. II. ARGUMENT A. Good Cause Exists to Protect Google’s Confidential Business and Competitive Information. Upon a showing of good cause, a court may make any order that justice requires to protect a party, including an order “that a trade secret or other confidential research, development, or commercial information not be revealed or be revealed only in a designated way.” Fed. R. Civ. P. 26(c)(7). In particular, a court may order that court documents be filed under seal where such good cause is shown to override the public’s right to access. See San Jose Mercury News, Inc. v. U.S. Dist. Ct., 187 F.3d 1096, 1103 (9 th Cir. 1999). The factors relevant to a determination of whether the presumption of access is overcome include “the public interest in understanding the judicial process and whether disclosure of the material could result in improper use of the material for . . . infringement upon trade secrets.” Hagestad v. Tragesser, 49 F.3d 1430, 1433-34 (9 th Cir. 1995) (“Every court has supervisory power over its own records and files, and access has been denied where court files might have become a vehicle for improper purposes.”) (citations and quotations omitted). Case 5:05-cv-03649-JW Document 179 Filed 06/12/2007 Page 3 of 4 -4- Google Inc.’s Notice of Administrative Motion and Motion for Leave to File A Document Under Seal CASE NO. 05-03649 JW 41063-0023/LEGAL13309764.1 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 27 28 Good cause exists for the Court to grant this Miscellaneous Administrative Request. Google seeks to file under seal the document that it has designated confidential because it contains, discusses, or refers to Google’s confidential business and competitive information. See Declaration of M. Christopher Jhang in Support of Google Inc.’s Motion For Leave to File Under Seal Pursuant to Civ. L.R. 79-5, ¶¶ 2-8. If any of this confidential information is not sealed and is permitted to be in the public record, Google may suffer irreparable harm if competitors have access to such information. B. The Request for Filing Under Seal is Narrowly Tailored. This Miscellaneous Administrative Request is narrowly tailored. Good cause for filing under seal exists. III. CONCLUSION For the reasons set forth above, good cause exists to file the above-referenced documents, which contain, discuss, or refer to Google’s confidential business and competitive information, under seal. This request is narrowly tailored to seal confidential information. Google respectfully requests that the Court grant its Miscellaneous Administrative Request in the form of the [Proposed] Order filed herewith. Dated: June 12, 2007 PERKINS COIE LLP By: /S/ M. Christopher Jhang Attorneys for Defendant Google Inc. Case 5:05-cv-03649-JW Document 179 Filed 06/12/2007 Page 4 of 4