Opinion
21-cv-04656-AMO (SVK)
08-22-2023
BIG RUN STUDIOS INC., et al., Plaintiffs, v. AVIAGAMES INC., Defendant.
FURTHER ORDER ON ADMINISTRATIVE MOTION TO CONSIDER WHETHER ANOTHER PARTY'S MATERIAL SHOUD BE SEALED
Re: Dkt. No. 131
SUSAN VAN KEULEN, UNITED STATES MAGISTRATE JUDGE
On May 19, 2023, Plaintiffs filed an administrative motion to consider whether material included in a joint statement regarding a discovery dispute (Dkt. 129 - the “Joint Statement”) and Ex. A to the Joint Statement (Dkt. 129-1 - “Exhibit A”) that had been designated as “Highly Confidential - Attorneys' Eyes Only” by Defendant should be sealed. Dkt. 131 - the “Motion to Seal.” On May 26, 2023, in accordance with Civil Local Rule 79-5(f), Defendant filed a statement regarding the Motion to Seal. Dkt. 135. Defendant explained why the designated information in the Joint Statement should be sealed. Id. Defendant took no position on whether the designated information in Exhibit A should be sealed, explaining that the information in Exhibit A had been obtained from a third party, Pluto Limited (“Pluto”). Id.
On June 13, 2023, the Court issued an order on the Motion to Seal that (1) granted the Motion to Seal the designated portions of the Joint Statement, and (2) deferred a ruling on the Motion to Seal the designated portions of Exhibit A. Dkt. 141. The Court ordered that by June 16, 2023, Defendant serve a copy of the order on Pluto and file a proof of service with the Court. Id. The Court further ordered that if whichever entity (Defendant or Pluto) that had designated the material in Exhibit A under the Protective Order sought to seal that information, that entity was required to file a declaration or statement as set forth in Civil Local Rule 79-5(f) by June 27, 2023. Id. The Court stated that “[i]f no such declaration or statement is filed, the Court will deny the motion to seal this material.” Id.
On June 16, 2023, Defendant filed a proof of service on Pluto as ordered by the Court. Dkt. 142. No declaration or statement in support of sealing the designated material in Exhibit A was filed by the June 27, 2023 deadline or as of the date of this order.
Accordingly, the Motion to Seal the material in Exhibit A as set forth in Dkt. 131 is DENIED. Plaintiffs are instructed to file an unredacted version of Exhibit A no later than August 29, 2023.
SO ORDERED