Opinion
Case No. C07 04330 RMW (HRL).
November 21, 2007
DANIEL J. BERGESON, Bar No. 105439, JOHN W. FOWLER, Bar No. 037463, MELINDA M. MORTON, Bar No. 209373, BERGESON, LLP, San Jose, CA, Attorneys for Plaintiff, VERIGY US, INC.
[ PROPOSED ] ORDER GRANTING PLAINTIFF'S ADMINISTRATIVE MOTION FOR LEAVE TO FILE DOCUMENTS UNDER SEAL
Now before the Court is Verigy's Administrative Motion For Leave To File Documents Under Seal. Upon consideration of the Administrative Motion for Leave to File Documents Under Seal and the supporting declaration of Melinda Morton filed therewith, the Court finds there to be good cause for granting Plaintiff's request to file documents under seal.
GOOD CAUSE having been shown, the Court finds that:
(1) The parties possess overriding confidentiality interest that overcomes the right of public access to the record in the following documents:
a. Portions of Verigy's Reply and Supplemental Brief;
b. Portions of the Declaration of Robert Pochowski and Exhibits 1-11;
c. Portions of the Declaration of Ken Hanh Duc Lai and Exhibits 1, 3, 4;
d. Portions of the Declaration of Ira Leventhal and Exhibits 1 and 2;
e. Exhibits 1-16, 18-25, 28 to the Declaration of Melinda Morton; and
f. Portions of the Declaration of Heather Flick and Exhibit 1; and
g. Portions of the Declaration of Wei Wei and Exhibits D through I.
(2) The parties' overriding confidentiality interests support sealing the record;
(3) A substantial probability exists that the parties' overriding confidentiality interest will be prejudiced if the record is not sealed;
(4) The proposed sealing is narrowly tailored; and
(5) No less restrictive means exist to achieve this overriding interest.
IT IS THEREFORE ORDERED that Verigy's Motion for Leave to File Documents Under Seal is GRANTED.