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Guzik Technical Enterprises v. Western Digital Corporation

United States District Court, Ninth Circuit

July 10, 2013

GUZIK TECHNICAL ENTERPRISES, a CALIFORNIA CORPORATION, Plaintiff,
v.
WESTERN DIGITAL CORPORATION, a Delaware corporation, WESTERN DIGITAL TECHNOLOGIES, INC., a Delaware corporation, WESTERN DIGITAL (FREMONT), INC., a Delaware corporation, WESTERN DIGITAL (THAILAND) COMPANY LIMITED, a Thailand corporation, and WESTERN DIGITAL (MALAYSIA) SDN.BHD., a Malaysia corporation, inclusive, Defendants.

JAMES GILLILAND, Bar No. 107988, ROBERT TADLOCK, Bar No. 238479, MEGAN CHUNG, Bar No. 232044, KILPATRICK TOWNSEND & STOCKTON LLP, San Francisco, CA, DANIEL J. BERGESON, Bar No. 105439, MELINDA M. MORTON, Bar No. 209373, JAIDEEP VENKATESAN, Bar No. 211386, BERGESON, LLP, San Jose, CA, ANNE M. ROGASKI, Bar No. 184754, KILPATRICK TOWNSEND & STOCKTON LLP, Menlo Park, CA, Attorneys for Plaintiff and Counter-Defendant GUZIK TECHNICAL ENTERPRISES

[PROPOSED] ORDER SEALING DOCUMENTS SUBJECT TO WESTERN DIGITAL'S UNOPPOSED ADMINISTRATIVE MOTION FOR LEAVE TO FILE UNDER SEAL DOCUMENTS SUBMITTED IN SUPPORT OF WESTERN DIGITAL'S MOTION TO COMPEL PRODUCTION OF DOCUMENTS (D.I. 190)

PAUL SINGH GREWAL, Magistrate Judge.

Upon consideration of Western Digital's Unopposed Administrative Motion for Leave to File Under Seal Documents Submitted in Support of Western Digital's Motion to Compel Production of Documents (D.I. 190) ("Administrative Motion"), the documents subject to Western Digital's Administrative Motion, and the Declaration of Anne M. Rogaski in support of Western Digital's Administrative Motion, the Court finds there to be good cause for granting in part Western Digital's request to file the following documents under seal:

1. Portions of Exhibits 10, 14, 18, and 20 to the Declaration of Michelle P. Woodhouse in Support of Western Digital's Motion to Compel Production of Documents (D.I. 191-1) ("Woodhouse Declaration").

2. The entirety of Exhibits 7, 15, 17, 21, 22, 23, 27, and 28 to the Woodhouse Declaration.

In making the finding that good causes exists for sealing the records above, the Court makes the following additional findings in support thereof:

1. GTE possesses an overriding confidentiality interest that overcomes the right of public access to portions of Exhibits 10, 14, 18, and 20 to the Woodhouse Declaration, and the entirety of Exhibits 7, 15, 17, 21, 22, 23, 27, and 28 of the Woodhouse Declaration;

2. GTE does not allege a confidentiality interest in the remaining documents subject to Western Digital's Administrative Motion;

3. GTE's overriding confidentiality interest support sealing the record;

4. A substantial probability exists that GTE's overriding confidentiality interest will be prejudiced if the records are not sealed;

5. The proposed sealing is narrowly tailored; and

6. No less-restrictive means exist to achieve this overriding interest.

IT IS THEREFORE ORDERED that Western Digital's Unopposed Administrative Motion for Leave to File Under Seal Documents Submitted in Support of Western Digital's Motion to Compel Production of Documents (D.I. 190) is GRANTED-IN-PART. Portions of Exhibits 10, 14, 18, and 20 and the entirety of Exhibits 7, 15, 17, 21, 22, 23, 27, and 28 to the Declaration of Michelle P. Woodhouse in Support of Western Digital's Motion to Compel Production of Documents shall be filed under seal.

IT IS SO ORDERED.


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