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PNY Technologies, Inc v. Miller, Kaplan, Arase & Co., LLP

United States District Court, N.D. California

August 10, 2016

PNY TECHNOLOGIES, INC., Plaintiff,
v.
MILLER, KAPLAN, ARASE & CO, LLP, Defendant.

          ORDER GRANTING IN PART, DENYING IN PART AND DEFERRING RULING IN PART ON DEFENDANT'S MOTION TO SEAL; DIRECTIONS TO DEFENDANT; AFFORDING PLAINTIFF LEAVE TO FILE SUPPLEMENTAL DECLARATION

          MAXINE M. CHESNEY United States District Judge

         Before the Court is defendant's "Administrative Motion to File Under Seal Exhibits to Declaration of Stephen J. Tully in Support of Motion for Summary Judgment or, in the Alternative, Partial Summary Judgment, " filed July 22, 2016, by which defendant seeks leave to file under seal certain documents designated as confidential by plaintiff PNY Technologies, Inc. and/or by non-party SanDisk Corporation ("SanDisk"). Plaintiff has filed a responsive declaration; SanDisk has not filed a response. Having read and considered the papers filed in support of and in response to the motion, the Court rules as follows:

         1. To the extent defendant seeks leave to file under seal the entirety of Exhibit A to the Declaration of Stephen J. Tully, the motion is hereby DENIED, as neither plaintiff nor SanDisk, each of whom is a designating party, has asserted that the entirety of such exhibit comprises confidential material.

         2. To the extent defendant seeks leave to file under seal the entirety of Exhibits B and R to the Declaration of Stephen J. Tully, the motion is hereby DENIED, as plaintiff, the designating party, does not assert that the entirety of either such exhibit comprises confidential material.

         3. As to the following portions of Exhibits A, B, and R to the Declaration of Stephen J. Tully, the motion is hereby GRANTED, as plaintiff has made a sufficient showing as to the sealability of those pages and lines:

a. Exhibit A
1. Page 230, lines 17-20.
2. Page 231, line 1.
3. Page 232, lines 20-22.
4. Page 233, lines 3-4.
b. Exhibit B
1. Page 103, lines 10-22.
2. Page 132, line 22.
3. Page 133, lines 14 and ...

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