The Facebook, Inc. v. Connectu, LLC et al Doc.

135
Case 5:07-cv-01389-RS Document 135 Filed 08/27/2007 Page 1 of 3

1
2
3 *E-FILED 8/27/07*
4
5
6 IN THE UNITED STATES DISTRICT COURT
7 FOR THE NORTHERN DISTRICT OF CALIFORNIA
8 SAN JOSE DIVISION
9 FACEBOOK, INC., NO. C 07-01389 (RS)
10
Plaintiff, ORDER RE SEALING MOTIONS
11 v.
United States District Court

CONNECTU LLC, et al.,

For the Northern District of California

12
13
Defendants.
14 /

15
16 As the parties are aware, numerous sealing motions have been filed in this action in
17 connection with the various other motions that have been brought. Civil Local Rule 79-5 requires a
18 party seeking to file its own confidential material to provide a declaration supporting the
19 confidentiality designation and a proposed order. Where a party seeks to file under seal material
20 designated as confidential by another party, the burden is on the other party to file a supporting
21 declaration and proposed order. The rules, unfortunately, do not set out a procedure to be followed
22 where a party seeks to file a document containing some materials designated by one side, and some
23 designated by the other, as appears to have been the case in many of the sealing motions in this
24 matter.
25 The Court understands the burdens that are imposed by Rule 79-5 on the parties, and
26 appreciates the parties’ efforts to comply. In view of the number of sealing motions filed herein, the
27 Court requests further assistance from the parties as follows: Within 20 days of the date of this
28 order, the parties are requested to submit a single joint proposed order that disposes of all sealing

Dockets.Justia.com
 Case 5:07-cv-01389-RS Document 135 Filed 08/27/2007 Page 2 of 3

1 motions that are pending as of the date of this order. The proposed order should, (1) identify each
2 sealing motion by docket number, (2) identify the declaration or declarations that support the sealing
3 requested by each motion, (3) identify specifically all documents and exhibits to be sealed, and (4)
4 identify specifically any documents or exhibits as to which the designating party withdraws the
5 confidentiality designation and which may be filed as part of the public record.
6 To the extent that a designating party has not previously filed declarations supporting the
7 requested sealing, it shall do so sufficiently in advance of the time the proposed order is filed to
8 permit citation of the docket numbers. The parties shall refile any documents, portions thereof, or
9 exhibits thereto as to which a confidentiality designation has been withdrawn. The proposed joint
10 order should be e-filed, but a copy should also be emailed in Word or Word Perfect format to the
11 proposed orders email address for these chambers. The Court thanks the parties for their assistance.
United States District Court
For the Northern District of California

12
13 IT IS SO ORDERED.
14 Dated: August 27, 2007
RICHARD SEEBORG
15 United States Magistrate Judge
16
17
18
19
20
21
22
23
24
25
26
27
28
ORDER RE RULE 6-3 MOTION
C 07-01389 (RS)
2
 Case 5:07-cv-01389-RS Document 135 Filed 08/27/2007 Page 3 of 3

1 THIS IS TO CERTIFY THAT NOTICE OF THIS ORDER HAS BEEN GIVEN TO:
2 I. Neel Chatterjee nchatterjee@orrick.com, kmudurian@orrick.com
3 Monte M.F. Cooper mcooper@orrick.com, adalton@orrick.com, shart@orrick.com
4 Chester Wren-Ming Day cday@orrick.com, descamilla@orrick.com, mgirroir@orrick.com
5 George Hopkins Guy , III hopguy@orrick.com, adalton@orrick.com, msagmit@orrick.com
6 Scott Richard Mosko scott.mosko@finnegan.com, karen.reimer@finnegan.com,
lissette.vazquez@finnegan.com, randal.holderfield@finnegan.com,
7 rosanna.herrick@finnegan.com
8 Theresa Ann Sutton tsutton@orrick.com, aako-nai@orrick.com, ygreer@orrick.com
9 Counsel are responsible for distributing copies of this document to co-counsel who have not
registered for e-filing under the Court's CM/ECF program.
10
11 Dated: 8/27/07 Chambers of Judge Richard Seeborg
United States District Court
For the Northern District of California

12
By: /s/ BAK
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ORDER RE RULE 6-3 MOTION
C 07-01389 (RS)
3