Free Motion to Seal - District Court of California - California

Case 5:08-cv-00133-RMW

Document 81

Filed 04/08/2008

Page 1 of 3

1 Henry C. Su (SBN 211202; [email protected]) Katharine L. Altemus (SBN 227080; [email protected]) 2 HOWREY LLP 1950 University Avenue, 4th Floor 3 East Palo Alto, California 94303 Telephone: (650) 798-3500 4 Facsimile: (650) 798-3600 5 Robert Ruyak Matthew Wolf 6 Marc Cohn HOWREY LLP 7 1229 Pennsylvania Avenue, NW Washington, DC 20004 8 Telephone: (202) 783-0800 Facsimile: (202) 383-6610 9 Attorneys for Plaintiffs 10 HOLOGIC, INC., CYTYC CORPORATION and HOLOGIC LP 11 12 13 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION Case No. C08 00133 RMW (RS) CIVIL LOCAL RULE 79-5(B), (C) AND (D) ADMINISTRATIVE MOTION TO FILE UNDER SEAL (1) PORTIONS OF PLAINTIFFS' REPLY BRIEF IN SUPPORT OF PENDING MOTION FOR PRELIMINARY INJUNCTION AND THE DAVIS DECLARATION IN SUPPORT THEREOF, (2) PORTIONS OF PLAINTIFFS' OPPOSITION TO DEFENDANTS' MOTION TO STRIKE, AND (3) SELECT SUPPORTING EXHIBITS TO PLAINTIFFS' REPLY AND OPPOSITION IN THEIR ENTIRETY Date: Time: Room: Judge: April 21, 2008 2:00 p.m. 6, 4th Floor Hon. Ronald M. Whyte

14 HOLOGIC, INC., CYTYC CORPORATION, and HOLOGIC L.P., 15 Plaintiffs, 16 vs. 17 SENORX, INC., 18 Defendant. 19 20 21 22 23 24 25 AND RELATED COUNTERCLAIMS. 26 27 28
HOWREY LLP

Administrative Motion to File Under Seal Case No. C08 00133 RMW (RS)

Case 5:08-cv-00133-RMW

Document 81

Filed 04/08/2008

Page 2 of 3

1

PLEASE TAKE NOTICE that pursuant to Civil Local Rule 79-5(b), (c), and (d), Plaintiffs

2 Hologic, Inc., Cytyc Corporation, and Hologic LP (collectively, "Plaintiffs" or "Hologic") hereby 3 move the Court for an administrative order to file under seal (1) designated selections of Plaintiffs' 4 Reply Brief In Support Of Motion For Preliminary Injunction; (2) certain exhibits attached to the 5 Declaration of Katharine L. Altemus In Support of Plaintiffs' Reply Brief In Support Of Motion For 6 Preliminary Injunction; (3) designated selections from the Declaration of Julie L. Davis In Support Of 7 Plaintiffs' Reply Brief In Support Of Motion For Preliminary Injunction; (4) Plaintiffs' Opposition To 8 Objections And Motion To Strike Certain Portions Of The Declaration Of Glenn Magnuson; and (5) 9 Exhibit A attached to the Declaration of Katharine L. Altemus In Support of Plaintiffs' Opposition To 10 Objections And Motion To Strike Certain Portions Of The Declaration Of Glenn Magnuson. 11 The documents listed above contain confidential business information of Plaintiffs and/or

12 Defendant SenoRx, Inc. ("SenoRx"). To date, the parties have not executed a Protective Order that 13 14 15 16 17 such confidential and proprietary materials are by operation of Patent Local Rule 2-2 deemed to be "Confidential­Attorneys Eyes Only" materials, unless otherwise agreed by the parties. In compliance governs how the confidential and proprietary information produced during discovery shall be treated by the parties. Accordingly, until such a Protective Order has been executed and entered by the Court,

18 with Northern District Civil Local Rule 79-5(b), (c), and (d), Hologic wishes to withhold from the 19 public versions of papers that reference confidential business information from either party. 20 21 22 23 24 KK, LL, NN, QQ, XX, YY, and ZZ attached to the Declaration of Katharine L. Altemus In Support of 25 Plaintiffs' Reply Brief In Support Of Motion For Preliminary Injunction; (3) designated selections 26 from the Declaration of Julie L. Davis In Support Of Plaintiffs' Reply Brief In Support Of Motion For 27 Preliminary Injunction; (4) Plaintiffs' Opposition To Objections And Motion To Strike Certain 28
Administrative Motion to File Under Seal Case No. C08 00133 RMW (RS) -1-

For the foregoing reasons, Hologic respectfully requests that the Court enter an order allowing Hologic to file under seal (1) designated selections of Plaintiffs' Reply Brief In Support Of Motion For Preliminary Injunction; (2) Exhibits O, Q, R, U, W, X, Y, Z, AA, BB, CC, DD, EE, FF, GG, HH, II,

Case 5:08-cv-00133-RMW

Document 81

Filed 04/08/2008

Page 3 of 3

1 Portions Of The Declaration Of Glenn Magnuson; and (5) Exhibit A attached to the Declaration of 2 Katharine L. Altemus In Support of Plaintiffs' Opposition To Objections And Motion To Strike 3 4 5 Dated: April 7, 2008 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Case No. C08 00133 ** -- 2 --

Certain Portions Of The Declaration Of Glenn Magnuson.

By: /s/ Katharine L. Altemus

HOWREY LLP Attorneys for Plaintiffs Hologic, Inc., Cytyc Corporation, and Hologic LP

Case 5:08-cv-00133-RMW

Document 81-2

Filed 04/08/2008

Page 1 of 2

1 Henry C. Su (SBN 211202; [email protected]) Katharine L. Altemus (SBN 227080; [email protected]) 2 HOWREY LLP 1950 University Avenue, 4th Floor 3 East Palo Alto, California 94303 Telephone: (650) 798-3500 4 Facsimile: (650) 798-3600 5 Robert Ruyak Matthew Wolf 6 Marc Cohn HOWREY LLP 7 1229 Pennsylvania Avenue, NW Washington, DC 20004 8 Telephone: (202) 783-0800 Facsimile: (202) 383-6610 9 Attorneys for Plaintiffs 10 HOLOGIC, INC., CYTYC CORPORATION and HOLOGIC LP 11 12 13 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION Case No. C08 00133 RMW (RS) [PROPOSED] ORDER GRANTING PLAINTIFFS' ADMINISTRATIVE MOTION TO FILE UNDER SEAL (1) PORTIONS OF PLAINTIFFS' REPLY BRIEF IN SUPPORT OF PENDING MOTION FOR PRELIMINARY INJUNCTION AND THE DAVIS DECLARATION IN SUPPORT THEREOF, (2) PORTIONS OF PLAINTIFFS' OPPOSITION TO DEFENDANTS' MOTION TO STRIKE, AND (3) SELECT SUPPORTING EXHIBITS TO PLAINTIFFS' REPLY AND OPPOSITION IN THEIR ENTIRETY Date: April 21, 2008 Time: 2:00 p.m. Courtroom: 6, 4th Floor Judge: Hon. Ronald M. Whyte

14 HOLOGIC, INC., CYTYC CORPORATION, and HOLOGIC L.P., 15 Plaintiffs, 16 vs. 17 SENORX, INC., 18 Defendant. 19 20 21 22 23 24 25 AND RELATED COUNTERCLAIMS. 26 27 28
HOWREY LLP

[Proposed] Order re Motion to File Under Seal Case No. C08 00133 RMW (RS)

Case 5:08-cv-00133-RMW

Document 81-2

Filed 04/08/2008

Page 2 of 2

1 2

[PROPOSED] ORDER The Court, having considered Plaintiffs' Administrative Motion To File Under Seal (1)

3 Portions Of Plaintiffs' Reply Brief In Support Of Pending Motion For Preliminary Injunction and the 4 Davis Declaration In Support Thereof, (2) Portions Of Plaintiffs' Opposition To Defendants' Motion 5 To Strike, And (3) Select Supporting Exhibits To Plaintiffs' Reply And Opposition In Their Entirety, 6 finds that good cause exists pursuant to Civil L.R. 79-5(b), (c), and (d) for the Motion and hereby 7 orders that the Motion is GRANTED in its entirety. 8 The clerk shall maintain under seal the (1) designated selections of Plaintiffs' Reply Brief In

9 Support Of Motion For Preliminary Injunction; (2) Exhibit EE attached to the Declaration of Katharine 10 L. Altemus In Support of Plaintiffs' Reply Brief In Support Of Motion For Preliminary Injunction; (3) 11 designated selections from the Declaration of Julie L. Davis In Support Of Plaintiffs' Reply Brief In 12 Support Of Motion For Preliminary Injunction; (4) designated selections from Plaintiffs' Opposition 13 To Objections And Motion To Strike Certain Portions Of The Declaration Of Glenn Magnuson; and 14 (5) Exhibit A attached to the Declaration of Katharine L. Altemus In Support of Plaintiffs' Opposition 15 To Objections And Motion To Strike Certain Portions Of The Declaration Of Glenn Magnuson. 16 17 18 19 Dated: 20 21 22 23 24 25 26 27 28
[Proposed] Order re Motion to File Under Seal Case No. C08 00133 RMW (RS) -1-

It is SO ORDERED.

, 2008 Ronald M. Whyte United States District Court Judge