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Keithley v. Homestore.Com

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCON DIVISION


July 21, 2008

KEVIN L. KEITHLEY AND TREN TECHNOLOGIES HOLDINGS, LLC, PLAINTIFF,
v.
HOMESTORE.COM, INC., ET AL., DEFENDANTS.

The opinion of the court was delivered by: Magistrate Judge Elizabeth D. Laporte

DISCOVERY MATTER DECLARATION OF S. BENJAMIN PLEUNE IN SUPPORT OF PLAINTIFFS' ADMINISTRATIVE MOTIONS FOR FILING UNDER SEAL (DOCKET NOS. 513 and 518); [PROPOSED] ORDER Courtroom: E, 15th Floor Judge: Hon. Elizabeth D. Laporte

I, S. Benjamin Pleune, declare as follows:

1. I am an attorney at law licensed to practice before all of the courts of the State of North Carolina. I am an associate in the law firm of Alston & Bird, LLP, counsel for defendants Homestore, Inc., The National Association of Realtors, and The National Association of Home Builders of the United States (collectively "Defendants"). I have knowledge of all of the following facts and, if called as a witness, could and would competently testify thereto.

2. The following materials designated in Plaintiffs' Administrative Motion for Filing Under Seal are highly confidential and sealable in their entirety:  Exhibit 1 to the Declaration of Scott R. Mosko in Support of Plaintiffs Kevin Keithley and TREN Technologies Holdings, LLC's statement of Defendants' Misrepresentations Throughout Discovery;  Exhibit 2 to the Declaration of Scott R. Mosko in Support of Plaintiffs Kevin Keithley and TREN Technologies Holdings, LLC's statement of Defendants' Misrepresentations Throughout Discovery;  Exhibit 3 to the Declaration of Scott R. Mosko in Support of Plaintiffs Kevin Keithley and TREN Technologies Holdings, LLC's statement of Defendants' Misrepresentations Throughout Discovery;  Exhibit 4 to the Declaration of Scott R. Mosko in Support of Plaintiffs Kevin Keithley and TREN Technologies Holdings, LLC's statement of Defendants' Misrepresentations Throughout Discovery;  Exhibit 8 to the Declaration of Scott R. Mosko in Support of Plaintiffs Kevin Keithley and TREN Technologies Holdings, LLC's statement of Defendants' Misrepresentations Throughout Discovery;  The Declaration of Weiguo Chen in Support of Plaintiffs Kevin Keithley and TREN Technologies Holdings, LLC's statement of Defendants' Misrepresentations Throughout Discovery; and  Exhibit A to the Declaration of Weiguo Chen in Support of Plaintiffs Kevin Keithley and TREN Technologies Holdings, LLC's statement of Defendants' 2 Misrepresentations Throughout Discovery. Said exhibits have been designated as Highly Confidential -- Attorney's Eyes Only by 25 Defendants, and said exhibits contain highly sensitive, confidential business information.

Plaintiffs' Administrative Motion for Filing Under Seal Case No. 3:03-cv-04447-SI (EDL) that the foregoing is true and correct.

Executed on June 18, 2008, at Charlotte, North Carolina.

I declare under penalty of perjury under the laws of the United States of America

[PROPOSED] ORDER

Upon good cause shown, IT IS HEREBY ORDERED that the following documents be filed under seal:

 Exhibit 1 to the Declaration of Scott R. Mosko in Support of Plaintiffs Kevin Keithley and TREN Technologies Holdings, LLC's statement of Defendants' Misrepresentations Throughout Discovery;  Exhibit 2 to the Declaration of Scott R. Mosko in Support of Plaintiffs Kevin Keithley and TREN Technologies Holdings, LLC's statement of Defendants' Misrepresentations Throughout Discovery;  Exhibit 3 to the Declaration of Scott R. Mosko in Support of Plaintiffs Kevin Keithley and TREN Technologies Holdings, LLC's statement of Defendants' Misrepresentations Throughout Discovery;  Exhibit 4 to the Declaration of Scott R. Mosko in Support of Plaintiffs Kevin Keithley and TREN Technologies Holdings, LLC's statement of Defendants' Misrepresentations Throughout Discovery;  Exhibit 8 to the Declaration of Scott R. Mosko in Support of Plaintiffs Kevin Keithley and TREN Technologies Holdings, LLC's statement of Defendants' Misrepresentations Throughout Discovery;  The Declaration of Weiguo Chen in Support of Plaintiffs Kevin Keithley and TREN Technologies Holdings, LLC's statement of Defendants' Misrepresentations Throughout Discovery; and  Exhibit A to the Declaration of Weiguo Chen in Support of Plaintiffs Kevin Keithley and TREN Technologies Holdings, LLC's statement of Defendants' Misrepresentations Throughout Discovery.

IT IS SO ORDERED.

20080721

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