United States District Court, N.D. California
September 23, 2005.
REALTEK SEMICONDUCTOR CORPORATION, Plaintiff,
MARVELL SEMICONDUCTOR, INC., Defendants.
The opinion of the court was delivered by: MAXINE CHESNEY, District Judge
ORDER DENYING REALTEK'S ADMINISTRATIVE MOTION TO FILE PAPERS
UNDER SEAL; STRIKING WITHOUT PREJUDICE REALTEK'S OPPOSITION TO
MARVELL'S MOTION FOR ATTORNEYS' FEES AND DECLARATION IN SUPPORT
THEREOF; CONTINUING HEARING ON MOTION FOR ATTORNEYS' FEES AND
COSTS; DIRECTING CLERK TO SEAL FROM PUBLIC VIEW DOCKET NOS. 79 AND
80 (Docket No. 82)
Before the Court is plaintiff Realtek Semiconductor
Corporation's ("Realtek") motion, filed September 16, 2005, for
leave to file two documents under seal in connection with its
opposition to defendant Marvell Semiconductor Inc.'s ("Marvell")
motion for attorneys' fees and costs ("fees motion").
With respect to Realtek's request to file under seal Marvell's
Early Neutral Evaluation ("ENE") statement, the Court finds
Realtek has violated the ADR Local Rules of this District by
seeking to rely on such document in support of its opposition.
ADR Local Rule 5-12 expressly provides that "all counsel and
parties . . . shall treat as `confidential information' the
contents of the written ENE Statements, anything that happened or
was said, any position taken, and any view of the merits of the case
formed by any participant in connection with any ENE session."
See ADR L.R. 5-12. Additionally, Rule 5-12 specifically
provides that such "confidential information" may not be
"disclosed to the assigned judge" or "used for any purpose,
including impeachment, in any pending or future proceeding in
this court." See id. Consequently, Realtek is not entitled to
file Marvell's ENE statement under seal, as Realtek may not file
the statement in any form in connection with its opposition to
the fees motion.
Further, the Court is advised that Realtek's opposition and the
Declaration of Sean P. DeBruine in support thereof ("DeBruine
Declaration") contain a discussion of the ENE session between
Realtek and Marvell.*fn1 For the reasons set forth above,
Realtek has violated the ADR Local Rules by referring to such
matters in its briefing. Consequently, the Court will strike
Realtek's opposition and the DeBruine Declaration, without
prejudice to Realtek's refiling amended versions of those
documents, deleting all references to the ENE proceedings.
With respect to Realtek's request to file the parties'
confidential settlement agreement under seal, although Realtek
has set forth good cause to file that document, attached as
Exhibit 3 to the DeBruine Declaration, under seal, Realtek's
request, in light of the Court's having stricken the opposition
to which such exhibit relates, will be denied without prejudice.
1. Realtek's motion to file under seal Marvell's ENE statement,
as Exhibit 7 to the DeBruine Declaration, is DENIED.
2. Realtek's motion to file under seal Exhibit 3 to the
DeBruine Declaration is DENIED, without prejudice.
3. Realtek's opposition to the fees motion, and the DeBruine
Declaration in support thereof, are hereby STRICKEN from the
record due to Realtek's violation of ADR Local Rule 5-12. The Clerk shall seal from public view Docket Nos. 79
4. Realtek may file an amended opposition and an amended
DeBruine Declaration, deleting all references to ENE proceedings,
no later than September 30, 2005. Marvell may file a reply no
later than October 7, 2005. The hearing on the fees motion is
hereby CONTINUED from October 14, 2005 to November 4, 2005 at
IT IS SO ORDERED.
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