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INTERNATIONAL GAMCO, INC. v. MULTIMEDIA GAMES

United States District Court, S.D. California


September 19, 2005.

INTERNATIONAL GAMCO, INC., Plaintiff,
v.
MULTIMEDIA GAMES, INC., Defendant.

The opinion of the court was delivered by: RUDI BREWSTER, Senior District Judge

Stipulation for Order Sealing Documents and Order Sealing Documents.
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 file herein.

  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, Inc.

  8. This overriding interest supports sealing the Asset Purchase Agreement.

  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 seal the specified document.

  So Stipulated. [PROPOSED] ORDER

  IT IS HEREBY ORDERED, ADJUDGED AND DECREED that

  1. Pursuant to paragraph 15 of the Confidentiality Order on file herein, the Asset Purchase Agreement, attached as Exhibit K to the Declaration of Scott Henneman, filed with plaintiff International Gamco Inc.'s Brief In Support of Standing; and, attached as Exhibit 1 to the Declaration of Michelle A. Herrera, filed with defendant Multimedia Games, Inc.'s Memorandum of Points and Authorities in Opposition to Plaintiff's Brief on Standing

  (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.

20050919

© 1992-2005 VersusLaw Inc.



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