Free Motion to Seal - District Court of Colorado - Colorado

Case 1:03-cv-01973-PSF-MJW

Document 191

Filed 12/05/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 03-CV-1973-PSF-MJW (Consolidated with 04-CV-02112-PSF-MJW) THE WALKER GROUP, INC., Plaintiff, v. FIRST LAYER COMMUNICATIONS, INC. and J.E.H. KNUTSON, Defendants.

PLAINTIFF'S UNOPPOSED MOTION TO FILE CERTAIN EXHIBITS UNDER SEAL

Plaintiff Walker Group, Inc., ("Walker Group"), through counsel, and pursuant to Local Rule 7.3, respectfully moves the Court for an Order allowing certain documents to be sealed pursuant to this Motion and the parties' confidentiality agreement. In support of this Motion, Walker Group shows as follows: 1. The documents that Walker Group requests be sealed are submitted as exhibits to

Walker Group's Application for Attorneys' Fees and Costs ("Fee Application"), filed contemporaneously with this motion. Certain of the exhibits attached to the Fee Application have been designated "Confidential" by Walker Group pursuant to the August 30, 2004 protective order and the confidentiality agreement entered into between the parties on November 30, 2005. (A copy of the Nov. 30, 2005 letter of agreement is attached).

Case 1:03-cv-01973-PSF-MJW

Document 191

Filed 12/05/2005

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2.

Walker Group requests that the following documents be filed under seal: (a) Exhibit E: detailed monthly invoices from Kilpatrick Stockton, LLP to Walker Group that contain privileged information, including information covered by the attorney-client and work product privileges. (b) Exhibit F: detailed monthly invoices from the Maximon Law Firm, LLC that contain privileged information, including information covered by the attorney-client and work product privileges.

3.

Compelling reasons exist to seal these Exhibits; sealing is necessary to prevent

disclosure to the public of the privileged information. 4. Pursuant to D.C.COLO.LCivR 7.1(A), counsel for Walker Group conferred with

counsel for Mr. Knutson who has indicated that Defendants do not oppose this Motion to Seal.

WHEREFORE, Plaintiff Walker Group, Inc. respectfully requests that the Court enter an Order sealing Exhibits E and F to Walker Group's Application for Attorneys' Fees and Costs, and request such further relief as this Court may deem appropriate.

This the 5th day of December, 2005.

s/ Richard S. Gottlieb Richard S. Gottlieb Laura A. Greer Kilpatrick Stockton LLP 1001 West Fourth Street Winston-Salem, North Carolina 27101-2400 Telephone: (336) 607-7300 Joshua Maximon, Esq.

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Case 1:03-cv-01973-PSF-MJW

Document 191

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The Maximon Law Firm, LLC 12202 Airport Way, Suite 170 Broomfield, Colorado 80021 Telephone: (303) 991-3344 Attorneys for Plaintiff Walker Group, Inc.
02560-207219 9055079.1

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Document 191

Filed 12/05/2005

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on December 5, 2005, I electronically filed the foregoing WALKER GROUP'S UNOPPOSED MOTION TO FILE CERTAIN EXHIBITS UNDER SEAL with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following email addresses: [email protected] [email protected], and I hereby certify that I have mailed or served the document or paper to the following non CM/ECF participants by first class mail addressed as follows: none.

s/ Richard S. Gottlieb Richard S. Gottlieb Attorney for Plaintiff Walker Group, Inc. Kilpatrick Stockton LLP 1001 West Fourth Street Winston-Salem, North Carolina 27101-2400 Telephone: (336) 607-7300 [email protected]
02560-207219 9055079.1

Case 1:03-cv-01973-PSF-MJW

Document 191

Filed 12/05/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 03-CV-1973-PSF-MJW (Consolidated with 04-CV-02112-PSF-MJW) THE WALKER GROUP, INC., Plaintiff, v. FIRST LAYER COMMUNICATIONS, INC. and J.E.H. KNUTSON, Defendants.

ORDER [proposed] Upon Motion of Plaintiff, Walker Group, Inc., pursuant to Local Rules 7.2 and 7.3, for an order sealing Exhibits ___ and ___ to Walker Group's Application for Attorneys' Fees and Costs; for good cause shown, IT IS ORDERED that Exhibits ___ and ___ to Walker Group's Application for Attorneys' Fees and Costs shall be sealed. This the ____ day of __________, 2005.

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