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E. & J. Gallo Winery, A California Corporation v. Proximo Spirits

August 30, 2011

E. & J. GALLO WINERY, A CALIFORNIA CORPORATION,
PLAINTIFF,
v.
PROXIMO SPIRITS, INC., ET AL,
DEFENDANTS.



The opinion of the court was delivered by: Jennifer L. Thurston United States Magistrate Judge

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S REQUEST TO SEAL DOCUMENTS RELATED TO MOTION TO AMEND ANSWER TO COUNTERCLAIMS (Doc. 112)

Before the Court is the Request to Seal Documents, filed by Defendant/Counterplaintiffs, related to Gallo's motion to amend its answer to the counterclaims. (Doc. 112) To make this determination, the Court must evaluate whether "'good cause' exists to protect th[e] information from being disclosed to the public by balancing the needs for discovery against the need for confidentiality.'" Pintos v. Pacific Creditors Ass'n, 605 F.3d 665, 678 (9th Cir. 2010) (quoting Phillips ex rel. Estates of Byrd v. Gen. Motors Corp., 307 F.3d 1206, 1213 (9th Cir. 2002))

Because most of the documents or portions thereof sought to be sealed contain confidential information related to Defendant's non-public corporation, the Court finds that the need to maintain the confidentiality of this material, outweighs the need for public disclosure.

Therefore, as to these materials, the motion is GRANTED. On the other hand, some portions of the documents, set forth below, do not reveal confidential information regarding Defendant's operations. As to those portions, the motion is DENIED.

Therefore, good cause appearing,

1. The Court ORDERS the following to be SEALED:

a. The portions of Defendants/Counterplaintiffs' Memorandum of Points and Authorities in Opposition to Counterdefendants' Motion to Amend Answer to Counterclaims requested, at:

i. Page 2, n 1, first sentence beginning with the word after "that" through the end of the sentence.

ii. Page 2, n 1, second sentence beginning with the word after "facts," through the word just before "as."

iii. Page 6, line 4, beginning with the word after "that" through the word before "calls" on line 6;

iv. Page 6, lines 15-18;

v. Page 7, line 2, beginning with the second sentence of the paragraph through line 9;

vi. Page 7, n. 2; vii. Page 9, line 2, beginning with the word after "companies" through the word ...


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