ORDER REGARDING NISTICA'S ADMINISTRATIVE MOTION TO SEAL PORTIONS OF ITS MOTION FOR FEES AND SELECT EXHIBITS

Re: ECF 736

BETH LABSON FREEMAN, District Judge.

Defendant Nistica, Inc. ("Nistica") has filed an administrative motion to seal portions of its Motion for Fees Under 35 U.S.C. § 285 and select exhibits to the Declaration of Jennifer D. Bennett in support thereof. ECF 736. According to Nistica's administrative motion, Nistica's Motion for Fees Under 35 U.S.C. § 285 contains "third-party confidential information," Exhibits 1-7, 9, and 17-19 contain "Finisar confidential information," and Exhibits 4, 5, and 10-13 contain "third party confidential information." ECF 736 at 4. However, neither Plaintiff Finisar Corporation ("Finisar") nor any third party has filed a declaration pursuant to Civil L.R. 79-5(e)(1) establishing that this confidential material is sealable. Nistica also has not filed proof pursuant to Civil L.R. 79-5(e) that it served a copy of the Declaration of Robert Kramer in Support of Defendant Nistica, Inc.'s Administrative Motion to File Under Seal (ECF 736-1) on any third party.

Accordingly, the Court hereby ORDERS that:

1. Finisar file a declaration establishing that the "Finisar confidential information" is sealable by March 22, 2017, if sealing is desired.

2. Nistica file proof that it served a copy of the Declaration of Robert Kramer in Support of Defendant Nistica, Inc.'s Administrative Motion to File Under Seal (ECF 736-1) on the appropriate third party(ies) by March 17, 2017.

3. In equity, the deadline for any third party to file a declaration in support of Nistica's sealing motion is extended to March 22, 2017. In the event that Nistica has not served a copy of the Declaration of Robert Kramer in Support of Defendant Nistica, Inc.'s Administrative Motion to File Under Seal (ECF 736-1) on the appropriate third party(ies), it must do so no later than March 17, 2017 and file proof of service by that day.

IT IS SO ORDERED.