Sharper Image Corporation v. Consumers Union of United States, Inc.

Full title: SHARPER IMAGE CORPORATION, a Delaware corporation, Plaintiff, v. CONSUMERS…

Court: United States District Court, Ninth Circuit, California, N.D. California

Date published: Nov 9, 2004

03-4094 MMC (N.D. Cal. Nov. 9, 2004)

Opinion

SHARPER IMAGE CORPORATION, a Delaware corporation, Plaintiff, v. CONSUMERS UNION OF UNITED STATES, INC., a New York corporation, Defendant. No. 03-4094 MMC United States District Court, N.D. California. November 9, 2004

          ORDER REFERRING TO MAGISTRATE JUDGE DEFENDANT'S MOTION TO UNSEAL AND REQUEST FOR SANCTIONS

          MAXINE CHESNEY, District Judge.

         Pursuant to Civil Local Rule 72-1, it is HEREBY ORDERED that defendant's Motion to Unseal Findings, Open the Courtroom to the Public, and Request for Sanctions, filed June 25, 2004, is referred to Magistrate Judge Bernard Zimmerman, to whom all discovery motions have been referred, for the purposes of determining whether plaintiff properly designated as confidential (1) the Consulting Services Agreement between Harriet Burge and plaintiff and (2) the February 1999 report submitted to plaintiff by Intertek, as well as whether defendant's request for sanctions should be granted.¹

1 The motion, to the extent it seeks an order allowing the public to attend the hearing on defendant's motion to strike plaintiff's Amended Complaint, is moot because the hearing conducted on July 30, 2004 was open to the public. The motion, to the extent it seeks an order directing that portions of the record, other than the two documents specified above, be unsealed is moot because such documents have either been unsealed or defendant has withdrawn its request. (See O'Toole Decl., filed July 9, 2004, Exs. A, D.)

         Counsel will be advised of the date, time and place of the hearing, if any, by Judge Zimmerman's chambers.

         IT IS SO ORDERED.