Free Motion to Seal Document - District Court of California - California

Case 5:08-cv-00133-RMW

Document 27

Filed 02/21/2008

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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 Plaintiff 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 ADMINISTRATIVE MOTION TO FILE UNDER SEAL CONFIDENTIAL PORTIONS OF PLAINTIFFS' OPPOSITION TO DEFENDANT'S MOTION FOR CONTINUANCE OF THE HEARING ON PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION AND PORTIONS OF THE SUPPORTING DECLARATION OF GLENN MAGNUSON PURSUANT TO CIVIL LOCAL RULE 795(C)

14 HOLOGIC, INC., CYTYC CORPORATION, and HOLOGIC LP, 15 Plaintiff, 16 vs. 17 SENORX, INC., 18 Defendant. 19 20 21 22 23 24 25 26 27 28
HOWREY LLP

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

Case 5:08-cv-00133-RMW

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Filed 02/21/2008

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PLEASE TAKE NOTICE that pursuant to Civil Local Rule 79-5(c), Plaintiffs Hologic, Inc.,

2 Cytyc Corporation, And Hologic LP (Collectively, "Plaintiffs" or "Hologic") hereby move the Court 3 for an administrative order to file under seal select portions of (1) Plaintiffs' Opposition To 4 Defendant's Motion For Continuance Of The Hearing On Plaintiff's Motion For Preliminary 5 Injunction, and (2) the Declaration Of Glenn Magnuson In Support Of Plaintiffs' Opposition To 6 Defendant's Motion For Continuance Of The Hearing On Plaintiff's Motion For Preliminary 7 Injunction. 8 Both Plaintiffs' Opposition to Defendant's Motion for Continuance of the Hearing on

9 Plaintiff's Motion for Preliminary Injunction, and the supporting Declaration of Glenn Magnuson 10 11 12 13 14 be treated by the parties. Accordingly, until such a Protective Order has been executed and entered by the Court, such confidential and proprietary materials are by operation of Patent Local Rule 2-2 contain confidential Hologic business information. To date, the parties have not executed a Protective Order that governs how the confidential and proprietary information produced during discovery shall

15 deemed to be "Confidential­Attorneys Eyes Only" materials, unless otherwise agreed by the parties. 16 In compliance with Northern District Civil Local Rule 79-5(c), Hologic wishes to withhold from the 17 public versions of its papers that reference confidential business information. 18 19 20 21 Continuance Of The Hearing On Plaintiff's Motion For Preliminary Injunction, and (2) the Declaration 22 Of Glenn Magnuson In Support Of Plaintiffs' Opposition To Defendant's Motion For Continuance Of 23 \\ 24 25 26 27 28
Administrative Motion to File Under Seal Case No. C08 00133 RMW -1-

For the foregoing reasons, Hologic respectfully requests that the Court enter an order allowing Hologic to file under seal designated portions of (1) Plaintiffs' Opposition To Defendant's Motion For

Case 5:08-cv-00133-RMW

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1 The Hearing on Plaintiff's Motion for Preliminary Injunction. 2 Dated: February 21, 2008 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Administrative Motion to File Under Seal Case No. C08 00133 RMW -2-

By: /s/ Katharine L. Altemus

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

Case 5:08-cv-00133-RMW

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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 Plaintiff 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 [PROPOSED] ORDER GRANTING ADMINISTRATIVE MOTION TO FILE UNDER SEAL CONFIDENTIAL PORTIONS OF PLAINTIFFS' OPPOSITION TO DEFENDANT'S MOTION FOR CONTINUANCE OF THE HEARING ON PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION AND PORTIONS OF THE SUPPORTING DECLARATION OF GLENN MAGNUSON

14 HOLOGIC, INC., CYTYC CORPORATION, and HOLOGIC LP, 15 Plaintiff, 16 vs. 17 SENORX, INC., 18 Defendant. 19 20 21 22 23 24 25 26 27 28
HOWREY LLP

Order Granting Motion to File Under Seal Case No. C08 00133 RMW

Case 5:08-cv-00133-RMW

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[PROPOSED] ORDER The Court, having considered Hologic's Administrative Motion To File Under Seal

3 Confidential Portions Of Plaintiffs' Opposition To Defendant's Motion For Continuance Of The 4 Hearing On Plaintiff's Motion For Preliminary Injunction And Portions Of The Supporting Declaration 5 Of Glenn Magnuson, finds that good cause exists pursuant to Civil L.R. 79-5 for the Motion and 6 hereby orders that the Motion is GRANTED in its entirety. 7 The clerk shall maintain under Seal Confidential Versions of (1) Plaintiffs' Opposition to

8 Defendant's Motion for Continuance of the Hearing on Plaintiff's Motion for Preliminary Injunction 9 and (2) the Declaration of Glenn Magnuson In Support of Plaintiffs' Opposition to Defendant's Motion 10 for Continuance of the Hearing on Plaintiff's Motion for Preliminary Injunction. 11 12 13 14 Dated: 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Order Granting Motion to File Under Seal Case No. C08 00133 RMW -1-

It is SO ORDERED.

, 2008 Ronald M. Whyte United States District Court Judge