E. & J. Gallo Winery v. Proximo Spirits, Inc. et al
Filing
162
ORDER Granting Plaintiff's Request to Seal Documents 158 signed by Magistrate Judge Jennifer L. Thurston on 11/15/2011. (Leon-Guerrero, A)
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
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E. & J. GALLO WINERY, a California
corporation,
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Plaintiff,
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v.
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PROXIMO SPIRITS, INC., et al,
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Defendants.
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_____________________________________ )
Case No.: 1:10-cv-00411 LJO JLT
ORDER GRANTING PLAINTIFF’S
REQUEST TO SEAL DOCUMENTS
RELATED TO MOTION TO STRIKE
OPINION OF GERALD FORD
(Doc. 158)
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Before the Court is the Request to Seal Documents, filed by Plaintiff (Doc. 158) related to
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Defendants’ motion strike the opinion of Gerald Ford. (Doc. 144) To make this determination,
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the Court must evaluate whether “‘good cause’ exists to protect th[e] information from being
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disclosed to the public by balancing the needs for discovery against the need for confidentiality.’”
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Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 678 (9th Cir. 2010) (quoting Phillips ex rel.
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Estates of Byrd v. Gen. Motors Corp., 307 F.3d 1206, 1213 (9th Cir. 2002))
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Here, Plaintiff seeks to seal portions of its memorandum of points and authorities and
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exhibits attached to the Declaration of Donald Thompson. Notably, this contains portions of
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marketing plans produced in discovery. Because all of this material is confidential information
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not otherwise available or known to the public, the Court finds that the need to maintain the
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confidentiality of this material, outweighs the need for public disclosure. Therefore, as to these
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materials, the motion is GRANTED.
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Therefore, good cause appearing,
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1.
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The Court ORDERS the following to be SEALED:
a.
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Plaintiff’s memorandum of points and authorities, at:
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Page 10, line 3 beginning after the phrase “as a whole” to line 4
ending before the phrase, “(See Thompson Decl.. Exh. 6”
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ii.
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Page 10, line 4 beginning after the phrase “(See Thompson Decl..
Exh. 6 to line 5 ending before the phrase, “(emphasis in original).)”
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b.
Donald Thompson Declaration, at:
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i.
Entire Exhibit 6;
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ii.
Entire Exhibit 7;
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iii.
Entire Exhibit 9;
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2.
The Clerk of the Court is DIRECTED to file these pages under seal.
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3.
The moving party is ORDERED to file electronically a redacted copy of the
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materials ordered to be sealed within two business days of the date of service of
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this order.
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IT IS SO ORDERED.
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Dated: November 15, 2011
9j7khi
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
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