Opinion
No. C 09-5517 CW
11-02-2011
BRILLIANT INSTRUMENTS, INC., Plaintiff, v. GUIDETECH, INC., Defendant. AND ALL RELATED COUNTERCLAIMS
ORDER DENYING MOTION OF
GUIDETECH LLC FOR LEAVE TO FILE
UNDER SEAL THE DECLARATION OF
SASSAN TABATABAEI (Docket No. 176)
On October 19, 2011, Defendant and Counter-Claimant GuideTech LLC filed a motion seeking authorization to file under seal the Declaration of Sassan Tabatabaei, submitted in support of GuideTech LLC's Opposition to Plaintiff and Counter-Defendant Brilliant Instruments, Inc.'s Motion for Attorney Fees and Non-Taxable Costs. In support of its motion, GuideTech LLC offered a declaration that states that the document "contains sensitive proprietary information of [Brilliant Instruments, Inc.] regarding its accused products that are: (1) proprietary and confidential; (2) has not been disclosed to the public; (3) has been designated as 'Confidential' or 'Highly Confidential-Attorney's Eyes Only' and (4) could, if disclosed to the public, cause harm to the third parties." Chin Decl. ¶ 4.
On October 21, 2011, the Court issued an order stating that, as the party designating the material as confidential, Brilliant Instruments, Inc. was required to file a declaration in support of the motion to seal within seven days of October 19, 2011, pursuant to Local Rule 79-5(d) or the document would be made part of the public record.
Brilliant Instruments, Inc. has not submitted a declaration in support of GuideTech LLC's motion to seal. Accordingly, GuideTech LLC's motion to seal is denied. Within four days, GuideTech LLC may electronically file the Tabatabaei Declaration in the public record or may withdraw it, in accordance with General Order 62.
IT IS SO ORDERED.
CLAUDIA WILKEN
United States District Judge