Filed: Feb. 04, 2020
Latest Update: Feb. 04, 2020
Summary: [PROPOSED] ORDER GRANTING IN PART UNOPPOSED ADMINISTRATIVE MOTION TO SEAL PORTIONS OF PLAINTIFF'S OPPOSITION TO CYTEK'S MOTION TO DISMISS; DIRECTIONS TO PLAINTIFF MAXINE M. CHESNEY , District Judge . Plaintiff Becton, Dickinson and Company's ("BD") Unopposed Administrative Motion to Seal Portions of BD's Opposition to Cytek's Motion to Dismiss (the "Opposition") was brought before this Court. Upon consideration of the Administrative Motion and the supporting documents submitted therewith
Summary: [PROPOSED] ORDER GRANTING IN PART UNOPPOSED ADMINISTRATIVE MOTION TO SEAL PORTIONS OF PLAINTIFF'S OPPOSITION TO CYTEK'S MOTION TO DISMISS; DIRECTIONS TO PLAINTIFF MAXINE M. CHESNEY , District Judge . Plaintiff Becton, Dickinson and Company's ("BD") Unopposed Administrative Motion to Seal Portions of BD's Opposition to Cytek's Motion to Dismiss (the "Opposition") was brought before this Court. Upon consideration of the Administrative Motion and the supporting documents submitted therewith,..
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[PROPOSED] ORDER GRANTING IN PART UNOPPOSED ADMINISTRATIVE MOTION TO SEAL PORTIONS OF PLAINTIFF'S OPPOSITION TO CYTEK'S MOTION TO DISMISS; DIRECTIONS TO PLAINTIFF
MAXINE M. CHESNEY, District Judge.
Plaintiff Becton, Dickinson and Company's ("BD") Unopposed Administrative Motion to Seal Portions of BD's Opposition to Cytek's Motion to Dismiss (the "Opposition") was brought before this Court. Upon consideration of the Administrative Motion and the supporting documents submitted therewith, as well as the declaration of Wenbin Jiang, Ph. D., submitted by Cytek, the Court finds compelling reasons to grant in part BD's request to file limited portions of its Opposition and exhibits under seal. See Kamakana v. City & Cty. of Honolulu, 447 F.3d 1172, 1179 (9th Cir. 2006). The Opposition and exhibits include "sealable material" as specified by Civil Local Rule 79-5(b) — specifically, material Cytek has shown contains non-public and highly sensitive information about draft technical documents that Cytek created in the course of its business. The Court further finds that BD's proposed sealing is narrowly tailored to cover only sealable material. Accordingly, under Civil Local Rule 79-5, the Court orders that the following documents, or portions thereof, be filed shall remain under seal:
Document Portions to be filed under seal
BD's Opposition to Cytek's Motion to Dismiss Highlighted portions for redaction
Exhibits 1, 3, & 4 to the Declaration of David Documents in its their entirety; redaction
S. Chun in Support of Plaintiff's Opposition would be impractical.
With respect to BD's Opposition, the Administrative Motion is GRANTED, with the exception of the following portions, as to which the Administrative Motion is DENIED: page 1, lines 16 through 17; page 1, line 23 (beginning with "This is exactly") through line 25; and page 12, line 28.
With respect to Exhibit 2 to the Declaration of David S. Chun, the Administrative Motion is DENIED.
BD is hereby DIRECTED to file in the public record, within seven days of the date of this order, Exhibit 2 to the Declaration of David S. Chun and a revised redacted version of its Opposition consistent with the above.
IT IS SO ORDERED.
