Opinion
Case No.: CV 11-4762 WHA.
October 26, 2011
Kerry McInerney Freeman (SBN 184764), Claudia J. Castillo (SBN 215603), MILLER LAW GROUP, A Professional Corporation, San Francisco, CA, Attorneys for Plaintiff, REEVES ASSOCIATES, PLC.
Matthew D. Muller (SBN 275832), Palo Alto, CA, Defendant, Pro Se.
[PROPOSED] O RDER GRANTING PLAINTIFF'S MOTION TO LIFT THE SEALING ORDER
Complaint filed: September 23, 2011
On September 23, 2011, Plaintiff filed various pleadings related to confidential and proprietary R A data that Defendant was alleged to have taken from R A in the final days of Plaintiffs employment with R A. Among those pleadings was a proposed order to temporarily seal certain pleadings filed by Plaintiff until (a) Defendant was served with the pleadings, or (b) September 30 — whichever came first. As indicated in Plaintiffs Ex Parte Administrative Motion to File Under Seal Certain Documents, the purpose of the proposed temporary sealing order was to minimize the risk that Defendant would destroy evidence after learning Plaintiff was pursuing injunctive relief, and before the hearing on Plaintiffs application for injunctive relief.
By the terms of the September 23, 2011, temporary sealing order signed by the Honorable Jeffrey S. White, the temporary seal on the pleadings filed by Plaintiff was to be lifted when Plaintiff served Defendant Matthew D. Muller with various pleadings regarding this matter, and no later than September 30.
Northern District Local Rule 79-5 deems that "[a] sealing order may issue only upon a request that establishes that the document, or portions thereof is privileged or protectable as a trade secret or otherwise entitled to protection under the law." N.D. Cal. 79-5(a). Here there is no such justification for the sealing order to remain in effect. Indeed:
the justification for issuing the order in the first instance no longer exists,
the conditions upon which the sealing order was to expire have occurred, and
the party that requested the temporary sealing order wishes for it to be lifted.
Upon consideration of Plaintiff Reeves Associates ("R A") Administrative Motion to Lift Sealing Order, and good cause appearing, the Court hereby orders that the temporary sealing order issued at Plaintiffs request on September 23, 2011 be lifted, and this matter is now unsealed.