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Plantronics, Inc v. Aliph

March 7, 2012

PLANTRONICS, INC., PLAINTIFF,
v.
ALIPH, INC. AND ALIPHCOM, INC.,
DEFENDANTS.



STIPULATION AND [PROPOSED] ORDER EXTENDING DEADLINE FOR CIV. L.R. 79-5(d) DECLARATION

Pursuant to Civil Local Rule 6-2, plaintiff Plantronics, Inc. ("Plantronics") and defendants 2 Aliph, Inc. and AliphCom, Inc. (collectively "Aliph"), by and through their counsel, hereby 3 submit the following stipulation and proposed order. 4

WHEREAS, Plantronics has filed an Administrative Motion to Partially Seal Documents 5 Pursuant to Local Rule 79.5(c) (D.N.196); 6

WHEREAS, one of the documents that is the subject of the above motion to partially seal 7 is the Declaration of Jessie J. Ho In Support of Plantronics, Inc.'s Opposition to Defendants' 8 Motion for Summary Judgment (D.N. 183) and Motion To Exclude (D.N. 190) ("Ho 9 Declaration"); 10

WHEREAS, the portions of the Ho Declaration that Plantronics seeks leave to file under 11 seal consist of specific exhibits containing deposition testimony, emails or subject matter 12 designated as Confidential or Highly Confidential by Aliph under the Court's Interim Protective 13 Order; 14

WHEREAS, on February 29, 2012, Plantronics served Aliph with a complete copy of the 15 Ho Declaration including all exhibits; 16

WHEREAS, on March 1, 2012, in accordance with Civil Local Rule 79-5, Plantronics 17 lodged the Ho Declaration with the Clerk showing the proposed redacted exhibits; 18

WHEREAS, on March 6, 2012, Plantronics advised Aliph that earlier that same day it had 19 discovered that the proposed redacted exhibits of the Ho Declaration had not been served along 20 with the previously served complete copy of the Ho Declaration including all exhibits; 21

WHEREAS, pursuant to Civil L.R. 79-5(d), the deadline for Aliph to file a declaration 22 establishing that the exhibits at issue are sealable is seven days from the filing of the motion to 23 seal or March 7, 2012; 24

WHEREAS, under the circumstances, Aliph may require an additional seven days, from 25

March 7, 2012 to March 14, 2012, to consider the proposed redacted exhibits and file the required 26 declaration if necessary pursuant to Civil L.R. 79-5(d); 27

WHEREAS, Plantronics agrees to the extension of this deadline; 28

WHEREAS, the proposed extension should not require extension or modification of any 2 other currently scheduled case deadlines; 3

ACCORDINGLY, the parties agree and propose that the Court extend the deadline for 4

Aliph to file a declaration pursuant to Civil L.R. 79-5(d) from the current date ...


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