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Smart Modular Technologies, Inc v. Netlist

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


February 26, 2013

SMART MODULAR TECHNOLOGIES, INC., PLAINTIFF,
v.
NETLIST, INC.,
DEFENDANT.

REVISED NOTICE OF REQUEST TO SEAL DOCUMENTS SUBMITTED IN SUPPORT OF PLAINTIFF SMART MODULAR TECHNOLOGIES, INC.'S MOTION FOR PRELIMINARY INJUNCTION AND REPLY AND MOTION TO DISMISS AND REPLY AND NOTICE OF LODGING OF DOCUMENTS; ORDER Date: N/A Time: N/A Dept.: Courtroom 7 Judge: Hon. Morrison C. England, Jr. Trial Date: None Set Date Action Filed: September 10, 2012

TO DEFENDANT AND ITS ATTORNEYS OF RECORD:

Per the request of the court clerk, SMART Modular Technologies, Inc. submits the 3 following revised notice and proposed order. 4 PLEASE TAKE NOTICE THAT Plaintiff SMART Modular Technologies, Inc. requests 5 that the Court seal permanently the following documents, currently lodged under seal, in support 6 of its Motion for Preliminary Injunction and Reply: 7  SMART Modular Technologies, Inc.'s Reply In Support Of Its Motion For Preliminary Injunction. pp. Reply001-Reply019. 8  SMART Modular Technologies, Inc.'s Responses To Netlist, Inc.'s Objections To 9 Plaintiff's Evidence In Support Of Motion For Preliminary Injunction. pp. Responses001--Responses086. 10  Declaration of Michael Rubino and Exhibit A (SMART/HP Email). Rubino001- 11 Rubino006.

 Supplemental Declaration of Professor Nader Bagherzadeh, Ph.D. In Support Of SMART Modular Technologies, Inc.'s Response To Netlist, Inc.'s Opposition To 13 Plaintiff's Motion For Preliminary Injunction. Bagherzadeh001-Bagherzadeh010.

This request is made pursuant to Local Rule 141 and the Stipulated Protective Order entered on 15 November 2, 2012 (Docket No. 72) on the grounds that these documents and materials contain 16 proprietary and confidential information and their dissemination to the public has the potential to 17 harm SMART. SMART has designated portions of these documents as CONFIDENTIAL or 18 HIGHLY CONFIDENTIAL -- ATTORNEYS' EYES ONLY under the Stipulated Protective 19 Order. Docket No. 72. 20

The request is based on this notice and request, the memorandum of points and authorities 21 in support thereof, the Declaration Of Michael Rubino In Support Of Request To Seal 22 Documents, the pleadings and papers lodged and on file in this action, the arguments of counsel, 23 and any matters upon which the Court may or must take judicial notice. 24 The memorandum of points and authorities, the Declaration of Michael Rubino in Support 25 Of Motion For Protective Order and Request To Seal Documents, and the documents that have 26 been requested to be sealed were submitted to the Court via email and were served on Netlist's 27 counsel, in accordance with Local Rule 141.

PLEASE TAKE NOTICE THAT that in addition to the documents identified above, SMART has lodged under seal documents and information that have been designated 3 CONFIDENTIAL or HIGHLY CONFIDENTIAL -- ATTORNEYS' EYES ONLY by Netlist: 4  Exhibits attached to the Declaration of Travis Jensen In Support Of SMART Modular Technologies, Inc.'s Reply In Support Of Its Motion For Preliminary Injunction:

o Exhibit 2 (Deposition of Sanjay Banerjee, Ph.D.). pp. Jensen016-Jensen052. 6 o Exhibit 3 (Deposition of Chuck Hong). pp. Jensen054-Jensen088. 7 o Exhibit 5 (Deposition of Christopher Lopes). pp. Jensen109-Jensen152.

o Exhibit 6 (Netlist Email). pp. Jensen154-Jensen157. o Exhibit 8 (Deposition of Hyun Lee). pp. Jensen161-Jensen190.  SMART Modular Technologies, Inc.'s Objections To Evidence Offered In Opposition 11 To SMART's Motion For Preliminary Injunction. pp. Objections001-Objections009. 12  Exhibit 2 (Netlist Document) to the Supplemental Declaration of Professor Nader Bagherzadeh, Ph.D. In Support Of SMART Modular Technologies, Inc.'s Response 13 To Netlist, Inc.'s Opposition To Plaintiff's Motion For Preliminary Injunction. pp. Bagherzadeh239-Bagherzadeh272.

The documents were submitted to the Court via email and were served on Netlist's 16 counsel. Pursuant to the Court's order setting a procedure for sealing confidential information 17 designated by the opposition party (Docket No. 101), Netlist, as the party designating the 18 confidentiality of the documents, had seven days from the date of lodging to file with the Court 19 and serve a declaration establishing that the designated information is sealable, and lodge a 20 proposed sealing order, or must withdraw the designation of confidentiality. 21 PLEASE TAKE NOTICE THAT that SMART Modular Technologies, Inc. lodged under 22 seal the following documents in support of SMART's Reply in Support of Its Motion to Dismiss 23 that have been designated CONFIDENTIAL or HIGHLY CONFIDENTIAL -- ATTORNEYS' 24 EYES ONLY by Netlist: 25 o Exhibit A (Excerpts from the Deposition of Chuck Hong) to the Declaration of Stacy E. Don In Support Of SMART Modular Technologies, Inc.'s Reply In 26 Support Of Its Motion to Dismiss Pursuant To FRCP 12(B)(6), Motion To Strike Pursuant To FRCP 12(F), And Motion For Partial Judgment On The Pleadings Pursuant To FRCP 12(C) Or In The Alternative For Partial Summary Judgment ("Don Decl."). pp. Don004-Don019.

o Exhibit D (Excerpts from the Deposition of Christopher Lopes) to the Don Decl. pp. Don057-Don068. 2 3 The documents were submitted to the Court via email and were served on Netlist's

4 counsel. Pursuant to the Court's order setting a procedure for sealing confidential information 5 designated by the opposition party (Docket No. 101), Netlist, as the party designating the 6 confidentiality of the documents, had seven days from the date of lodging to file with the Court 7 and serve a declaration establishing that the designated information is sealable, and lodge a 8 proposed sealing order, or must withdraw the designation of confidentiality. 9 10

ORDER

The Court, having considered the Requests to Seal Documents Submitted in Support of Plaintiff's Motion for Preliminary Injunction And Reply, and the Requests to Seal Documents 4 3 Submitted in Support of Plaintiff's Motion to Dismiss, the pleadings and papers lodged and on 5 file in this action, and good cause appearing therefor: 6 The Requests to Seal are Granted. The Clerk of the Court shall permanently seal the 7 following pages submitted with Requests to Seal: 8  SMART Modular Technologies, Inc.'s Reply In Support Of Its Motion For Preliminary Injunction. pp. Reply001-Reply019. 9  SMART Modular Technologies, Inc.'s Responses To Netlist, Inc.'s Objections To 10 Plaintiff's Evidence In Support Of Motion For Preliminary Injunction. pp. Responses001 -- Responses086. 11  Declaration of Michael Rubino and Exhibit A (SMART/HP Email). 12 pp. Rubino001-Rubino006.  Supplemental Declaration of Professor Nader Bagherzadeh, Ph.D. In Support Of 13 SMART Modular Technologies, Inc.'s Response To Netlist, Inc.'s Opposition To 14 Plaintiff's Motion For Preliminary Injunction and Exhibit 2. pp. Bagherzadeh001-Bagherzadeh010 and pp. Bagherzadeh239-Bagherzadeh272. 15  Exhibits attached to the Declaration of Travis Jensen In Support Of SMART Modular 16 Technologies, Inc.'s Reply In Support Of Its Motion For Preliminary Injunction: 17 o Exhibit 2 (Deposition of Sanjay Banerjee, Ph.D.). pp. Jensen016-Jensen052. 18 o Exhibit 3 (Deposition of Chuck Hong). pp. Jensen054-Jensen088. 19 o Exhibit 5 (Deposition of Christopher Lopes). pp. Jensen109-Jensen152. 20 o Exhibit 6 (Netlist Email). pp. Jensen154-Jensen157. 21 o Exhibit 8 (Deposition of Hyun Lee). pp. Jensen161-Jensen190. 22  SMART Modular Technologies, Inc.'s Objections To Evidence Offered In Opposition To SMART's Motion For Preliminary Injunction. pp. Objections001-Objections009.

 Exhibit A (Excerpts from the Deposition of Chuck Hong) to the Declaration of Stacy 24 E. Don In Support Of SMART Modular Technologies, Inc.'s Reply In Support Of Its Motion to Dismiss Pursuant To FRCP 12(B)(6), Motion To Strike Pursuant To FRCP 25 12(F), And Motion For Partial Judgment On The Pleadings Pursuant To FRCP 12(C) Or In The Alternative For Partial Summary Judgment ("Don Decl."). pp. Don004- 26 Don019.

 Exhibit D (Excerpts from the Deposition of Christopher Lopes) to the Don Decl. pp.

No person other than counsel in this action, this Court, and authorized Court personnel

2 shall be authorized to inspect the sealed record. 3

IT IS SO ORDERED.

20130226

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