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Dimension One Spas, Inc. v. Coverplay

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


December 21, 2007

DIMENSION ONE SPAS, INC., A CALIFORNIA CORPORATION, PLAINTIFF,
v.
COVERPLAY, INC., AN OREGON CORPORATION, AND E. JESS TUDOR, AN INDIVIDUAL, DEFENDANTS

The opinion of the court was delivered by: M. James Lorenz United States District Court Judge

ORDER GRANTING DEFENDANT AND COUNTERCLAIMANT COVERPLAY, INC.'S REQUEST TO (1) FILE UNDER SEAL EXHIBIT 6 TO SECOND AMENDED DECLARATION OF ALISON GRABELL, ESQ. IN SUPPORT OF COVERPLAY, INC.'S OPPOSITION TO PLAINTIFF AND COUNTER-DEFENDANT CLAIMANT DIMENSION ONE SPAS, INC.'S MOTION FOR PARTIAL AND RELATED COUNTERCLAIM SUMMARY JUDGMENT OF NO LACHES AND NO ESTOPPEL; AND (2) REMOVE FROM PUBLIC RECORD EXHIBIT 6 TO DECLARATION OF ALISON GRABELL AND AMENDED DECLARATION OF ALISON GRABELL

On December 17, 2007, Defendant and Counterclaimant Coverplay, Inc. ("Coverplay") filed its request to file under seal Exhibit 6 to Second Amended Declaration of J. Alison Grabell, Esq. in Support of Coverplay, Inc.'s Opposition to Plaintiff and Counter-Defendant Dimension One Spas, Inc.'s Motion for Partial Summary Judgment of No Laches and No Estoppel. The court finds Exhibit 6 is identical to Exhibit 9 to a declaration of J. Alison Grabell, Esq., filed under seal on January 23, 2006 pursuant to this court's Order filed January 23, 2006.

For the reasons stated in the January 23, 2006 Order, Coverplay's request to file Exhibit 6 under seal is GRANTED. Accordingly, IT IS HEREBY ORDERED as follows:

1. The Clerk of Court shall FILE UNDER SEAL Exhibit 6 to the Second Amended Declaration of J. Alison Grabell, Esq. in Support of Coverplay, Inc.'s Opposition to Plaintiff and Counter-Defendant Dimension One Spas, Inc.'s Motion for Partial Summary Judgment of No Laches and No Estoppel.

2. The Clerk of Court shall REMOVE FROM THE PUBLIC RECORD Exhibit 6 to Declaration of J. Alison Grabell, Esq. in Support of Coverplay, Inc.'s Opposition to Plaintiff and Counter-Defendant Dimension One Spas, Inc.'s Motion for Partial Summary Judgment of No Laches and No Estoppel, filed December 7, 2007 (Doc. # 404-9) and Exhibit 6 to the Amended Declaration of J. Alison Grabell, Esq. in Support of Coverplay, Inc.'s Opposition to Plaintiff and Counter-Defendant Dimension One Spas, Inc.'s Motion for Partial Summary Judgment of No Laches and No Estoppel, filed December 7, 2007 (Doc. # 411-7).

IT IS SO ORDERED.

20071221

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