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Winig v. Cingular Wireless LLC

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


July 15, 2008

BENJAMIN D. WINIG, PLAINTIFF,
v.
CINGULAR WIRELESS LLC, DEFENDANT.

The opinion of the court was delivered by: Maxine M. Chesney United States District Judge

ORDER GRANTING IN PART, DENYING IN PART, AND IN PART DEFERRING RULING ON PLAINTIFF'S ADMINISTRATIVE MOTION TO FILE OPPOSITION AND DOCUMENTS UNDER SEAL

Before the Court is plaintiff's administrative motion to file under seal plaintiff's Opposition to Defendant's Motion for Summary Judgment ("Opposition"), and Exhibits B and C to the Declaration of Justin P. Zarczag in Support of Plaintiff's Opposition, based on defendant's having previously designated as confidential the documents contained or discussed therein. Defendant has filed a Memorandum, as well as the Declaration of Jacqueline P. Jackson, in support of its designation of Exhibits B and C as confidential. Having considered the parties' submissions, the Court rules as follows.

1. To the extent plaintiff seeks leave to file under seal Exhibit B to the Declaration of Justin P. Zarczag, defendant's responsive declaration fails to establish said exhibit "is privileged or protectable as a trade secret or otherwise entitled to protection under the law." See Civil L.R. 79-5(a). Accordingly, the administrative motion is hereby DENIED with respect to Exhibit B to the Declaration of Justin P. Zarczag, and plaintiff is hereby DIRECTED to file said exhibit in the public record, no later than July 17, 2008. If plaintiff fails to timely file the exhibit in the public record, the Court will not consider it in ruling on defendant's motion for summary judgment.

2. To the extent plaintiff seeks leave to file under seal Exhibit C to the Declaration of Justin P. Zarczag, defendant's responsive declaration fails to establish that the entirety of said exhibit is properly sealable, and the only apparently confidential item therein is the discussion, in Section D on page four of the exhibit, regarding defendant's employees' internal e-mails. Accordingly, the administrative motion is hereby GRANTED in part and DENIED in part with respect to Exhibit C to the Declaration of Justin P. Zarczag. The Clerk is directed to file the unredacted version of said exhibit under seal, and plaintiff is hereby DIRECTED to file in the public record, no later than July 17, 2008, a version of Exhibit C in which Section D on page four of said exhibit is redacted. If plaintiff fails to timely file said exhibit in the public record, the Court will not consider it in ruling on defendant's motion for summary judgment.

3. With respect to the Opposition, plaintiff has not shown the entirety of such document is confidential, and portions thereof plainly are not. (See, e.g., Pl.'s Opp'n at 11:5-7 (discussing allegations in plaintiff's Second Amended Complaint).)*fn1 A party may not designate an entire document as confidential when only part of the document contains confidential information. See Civil L.R. 79-5(a) (providing request to file document under seal "must be narrowly tailored to seek sealing only of sealable material"). Accordingly, the Court will defer ruling on the motion with respect to the Opposition, to afford plaintiff the opportunity to file, no later than July 17, 2008, a supplemental declaration identifying with particularity the portions thereof that plaintiff claims are subject to sealing and the reason(s) therefor. Accordingly, for the reasons set forth above, plaintiff's administrative motion is hereby GRANTED in part and DENIED in part, and further ruling thereon is DEFERRED.

IT IS SO ORDERED.


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