CoStar Realty Information, Inc. et al v. Mark Field, et al

MOTION to Seal CoStar's Opposition to Pathfinder's Motion for Attorneys Fees

D. Md.February 1, 2010

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND GREENBELT DIVISION COSTAR REALTY INFORMATION, INC. and COSTAR GROUP, INC., Plaintiffs, v. MARK FIELD D/B/A ALLIANCE VALUATION GROUP, et al. Defendants. Civil Action No. 8:08-CV-663-AW COSTAR’S MOTION TO SEAL MEMORANDUM IN SUPPORT OF COSTAR’S OPPOSITION TO PATHFINDER’S MOTION FOR ATTORNEYS’ FEES Plaintiffs CoStar Realty Information, Inc. and CoStar Group, Inc. (collectively “CoStar”) move pursuant to Local Rule 105.11 and Section III.A.7 and III.C.1 of the Electronic Filing Requirements and Procedures for Civil Cases (November 23, 2009) to file partially under seal its memorandum in opposition to Pathfinder’s motion for attorneys’ fees. This document contains direct quotes and paraphrased testimony of the deposition of Samuel Wu, Pathfinder’s Rule 30(b)(6) witness. Pathfinder designated Mr. Wu’s entire deposition transcript as “CONFIDENTIAL” under the Protective Order entered in this case (D.E. 69), which prohibits parties from disclosing documents or information designated as confidential under the order. The testimony quoted in CoStar’s opposition to Pathfinder’s motion for fees is similar to the testimony that was the subject of an earlier motion to seal (D.E. 71), which CoStar filed in connection with its earlier-filed motion to compel (D.E. 70). The earlier motion to seal was denied by Magistrate Judge Schulze. D.E. 86. Despite the similarity in the substance of the testimony that is the subject of both motions to seal, however, CoStar files this motion both Case 8:08-cv-00663-AW Document 104 Filed 02/01/10 Page 1 of 4 CoStar Realty Information, Inc. et al v. Mark Field, et al Doc. 104 Dockets.Justia.com 2 because the quoted testimony is necessary to support its opposition to a motion filed by Pathfinder for fees and because Pathfinder has not lifted the confidentiality designation over the testimony in question. After the earlier motion to seal was denied, CoStar asked Pathfinder if it would provide its consent a renewed motion to seal. Pathfinder refused to provide its consent, and instead requested that CoStar remove the exhibits from the record. See D.E. 99-1, 99-2. CoStar did not believe removal was appropriate because such removal would leave the record of this case incomplete and, significantly, because the material in question would be pertinent to any future motions for fees. In fact, at the same time Pathfinder requested CoStar withdraw the materials from the record, it also indicated that it intended to seek attorneys’ fees from CoStar. See D.E. 99-1. If the deposition quotes were filed publicly, CoStar would risk breaching the Protective Order by disclosing information designated confidential by Pathfinder. Thus, although CoStar did not designate the materials in question as confidential, it is obligated to file this motion to seal under the Protective Order. Any alternative to filing the deposition excerpts under seal would be insufficient to protect against the public disclosure of deposition transcript. Dated: February 1, 2010 Respectfully submitted, ______/s/__________________________ Shari Ross Lahlou, Bar. No. 16570 William J. Sauers, Bar. No. 17355 Sanya Sarich Kerksiek, Bar No. 17636 Crowell & Moring LLP 1001 Pennsylvania Avenue, N.W. Washington, D.C. 20004 Telephone (202) 624-2500 Facsimile (202) 628-5116 Email slahlou@crowell.com wsauers@crowell.com skerksiek@crowell.com Attorneys for Plaintiffs CoStar Realty Information, Inc, and CoStar Group, Inc. Case 8:08-cv-00663-AW Document 104 Filed 02/01/10 Page 2 of 4 CERTIFICATE OF SERVICE I hereby certify that service required by Fed. R. Civ. P. 5 was made, and that a true copy of the above document, with attachment, was served upon the attorneys of record for the following parties by electronic mail, U.S. First Class Mail, and by electronically filing the document with the Clerk of Court using the CM/ECF system, which caused a Notice of Electronic Filing (NEF) to be sent to the following on February 1, 2010: Mary-Olga Lovett Pamela Ferguson Greenberg Traurig 1000 Louisiana Street, Suite 1800 Houston, TX 77002 Telephone: 713.374.3500 Facsimile: 713.374.3505 lovettm@gtlaw.com fergusonp@gtlaw.com Attorneys for Defendant Russ A. Gressett R. Wayne Pierce The Pierce Law Firm, LLC 133 Defense Highway, Suite 106 Annapolis, MD 21401-7015 Telephone: 410.573.9959 Facsimile: 410.573.9956 wpierce@adventurelaw.com Attorney for Defendant Pathfinder Mortgage Company I FURTHER CERTIFY that on February 1, 2010, a true copy of the foregoing was sent by electronic mail and Federal Express to the attorneys listed above and to: Mark Field Alliance Valuation Group 638 Camino De Los Maries, Suite H130A San Clemente, CA 92673 mark.field@cox.net Lawson Valuation Group, Inc. 8895 N. Military Trail, Suite 304E Palm Beach Gardens, FL 33410-6263 lawsonmai@aol.com Robert C. Furr 2255 Glades Road Ste 337W Boca Raton, FL 33431 Telephone: 561-395-0500 E-mail: trustee@furrcohen.com Trustee, Lawson Valuation Group, Bankruptcy Petition No. 09-25404, U.S. District Court for the Southern District of Florida Case 8:08-cv-00663-AW Document 104 Filed 02/01/10 Page 3 of 4 2 Dated: February 1, 2010 Respectfully submitted, ______/s/__________________________ William J. Sauers, Bar. No. 17355 Crowell & Moring LLP 1001 Pennsylvania Avenue, N.W. Washington, D.C. 20004 Telephone (202) 624-2500 Facsimile (202) 628-5116 Email wsauers@crowell.com Attorneys for Plaintiffs CoStar Realty Information, Inc, and CoStar Group, Inc. Case 8:08-cv-00663-AW Document 104 Filed 02/01/10 Page 4 of 4