UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
January 5, 2012
BROCADE COMMUNICATIONS SYSTEMS, INC., A DELAWARE CORPORATION, AND FOUNDRY NETWORKS, LLC, A DELAWARE LIMITED LIABILITY COMPANY, PLAINTIFFS AND COUNTERCLAIM DEFENDANTS,
A10 NETWORKS, INC., A CALIFORNIA CORPORATION; LEE CHEN, AN INDIVIDUAL; RAJKUMAR JALAN, AN INDIVIDUAL; RON SZETO, AN INDIVIDUAL; DAVID CHEUNG, AN INDIVIDUAL; LIANG HANG, AN INDIVIDUAL; AND STEVE HWANG, AN INDIVIDUAL, DEFENDANTS AND COUNTERCLAIMANTS.
The opinion of the court was delivered by: Lucy H. Koh United States District Judge
ORDER REQUIRING A10 TO COMPLY WITH CIVIL LOCAL RULE 79-5(D)
United States District Court For the Northern District of California
On December 22, 2011, Brocade filed a motion for leave to file under seal portions of Plaintiffs' expert's declaration and associated exhibits in support of claim construction and 19 summary judgment oppositions. ECF No. 419. Brocade seeks to file under seal the entirety of 20 Exhibits J and K to the Gambhir Declaration and portions of the Rubin Declaration on the grounds 21 that theses documents may contain A10's confidential, privileged and trade secret information 22 including references to and analyses of A10's source code. 23
Pursuant to Civil Local Rule 79-5(d), when a party seeks to file a document designated 24 confidential by another party, the designating party must, within 7 days, "file with the Court and 25 serve a declaration establishing that the designated information is sealable, and must lodge and 26 serve a narrowly tailored proposed sealing order, or must withdraw the designation of 27 confidentiality." More than 7 days have passed since Brocade filed its motion, and A10 has not 28 filed any declaration regarding Brocade's motion to file under seal. A10 shall file a declaration y 5:00 p.m. on January 6, 2012, or, if it fails to do so, Exhibits J and K to the Gambhir Declaration 2 and the entire Rubin Declaration may be made part of the public record. 3 4
IT IS SO ORDERED.
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