The opinion of the court was delivered by: RUDI BREWSTER, Senior District Judge
Stipulation for Order Sealing Documents and Order Sealing
THE PARTIES HEREBY STIPULATE as follows:
1. Plaintiff International Gamco, Inc. produced several
versions of a document entitled Asset Purchase Agreement By and
Between International Game Technology and International Gamco,
Inc., dated February 10, 2003 ("Asset Purchase Agreement"). 2. Some confusion existed among the parties as to whether the
Asset Purchase Agreement was designated "CONFIDENTIAL" or
"CONFIDENTIAL ATTORNEY'S EYES ONLY" pursuant to paragraphs 3
and 7 of the Confidentiality Order on file herein.
3. The Asset Purchase Agreement was attached as Exhibit K to
the Declaration of Scott Henneman, and filed with this Court
concurrently with plaintiff International Gamco Inc.'s Brief In
Support of Standing.
4. An exhibit of the Asset Purchase Agreement was attached as
Exhibit 1 to the Declaration of Michelle A. Herrera, and filed
with this Court concurrently with defendant Multimedia Games,
Inc.'s Memorandum of Points and Authorities in Opposition to
Plaintiff's Brief on Standing.
5. The parties now stipulate that the Asset Purchase Agreement,
together with all exhibits thereto, be designated "CONFIDENTIAL"
pursuant to paragraphs 3 and 7 of the Confidentiality Order on
6. The Parties jointly request that the Court order, pursuant
to paragraph 15 of the Confidentiality Order on file herein, that
the Asset Purchase Agreement and all exhibits thereto previously
filed with the Court
(a) be filed in a sealed envelope;
(b) be keep by the Clerk under seal; and
(c) be examined or copied except only by the Court or pursuant
to Court order.
7. There exists an overriding interest that overcomes the right
of public access to the Asset Purchase Agreement, in that the
Asset Purchase Agreement contains sensitive, detailed financial
information relating to the transfer of assets by and between non-party
International Game Technology and plaintiff International Gamco,
8. This overriding interest supports sealing the Asset Purchase
9. A substantial probability exists that this overriding
interest will be prejudiced if the Asset Purchase Agreement and
all exhibits thereto are not sealed, in that plaintiff
International Gamco, Inc.'s confidential, sensitive and detailed
financial information would be disclosed to the public.
10. Other than the Asset Purchase Agreement specified above,
including all attachments thereto, no other records shall be
sealed in accordance with this stipulation and order.
11. No less restrictive means exist to achieve the overriding
interest than to ...