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

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


September 6, 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. ThurstonUNITED States Magistrate Judge

ORDER GRANTING IN PART AND DENYING IN PART REQUEST TO SEAL DOCUMENTS RELATED TO PLAINTIFF'S REPLY TO THE OPPOSITION TO THE MOTION TO AMEND ANSWER TO COUNTERCLAIMS (Doc. 118)

Before the Court is the Request to Seal Documents, filed by Plaintiff/Counterdefendant, E.J. Gallo Winery related to its Reply to the Opposition to the Motion to Amend its Answer to the Counterclaims. (Doc. 118) 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))

As to the materials containing information related to Defendant's non-public corporation, 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. All of the requested portions of the memorandum of points and authorities filed in Reply;

b. All of the requested portions of the Thompson Declaration;

c. Exhibit A to the Thompson Declaration except:

i. pages 16 and 17 because these pages have already been ordered sealed (doc. 102) and have already been filed as an exhibit (Doc. 109) and SHALL NOT be re-filed;

ii. lines 11-25 of page 32;

d. The "Appendix" filed in Exhibit C to the Thompson Declaration. The rest of Exhibit C has already been ordered sealed (doc. 102) and has already been filed as an exhibit (Doc. 109) and SHALL NOT be re-filed;

2. The Clerk of the Court is DIRECTED to file these pages under seal.

3. The moving party is ORDERED to file electronically a copy of page 32 of Exhibit A of the Thompson Declaration, which is redacted as set forth above, within two business days of the date of service of this order.

IT IS SO ORDERED.

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20110906

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