1 Jonathan M. Cohen (SBN: 168207)
Martin Sabelli (SBN: 164772)
2 Robyn T. Callahan (SBN: 225472)
WINSTON & STRAWN LLP
3 101 California Street
San Francisco, CA 94111-5894
4 I Telephone: 4.15-591-1000 ;
Facsimile: 415-591-1400
5 Email: [email protected]
[email protected]
6 .
Attorneys for Plaintiff
7 FRANK NEMIROF SKY
8
UNITED STATES DISTRICT COURT
9
NORTHERN DISTRICT OF CALIFORNIA
1 0
SAN FRANCISCO DIVISION
1 1
cu é FRANK NEMIROFSKY, ) Case N0. 3:07-CV-02769 — JL
5 fg j 12 ) Hon. Magistrate James Larson
g 5 E Plaintiff, )
E .¤ < 13 ) PLAINTIFF FRANK NEMIROFSKY'S
$3 § Q vs. ) MISCELLANEOUS ADMINISTRATIVE
¤8 § 14 ) MOTION TO FILE CERTAIN ‘
5 2 E SEOK KI KIM; STV ASIA, LTD. a British ) DOCUMENTS UNDER SEAL
_§ 2 E 15 Virgin Islands corporation; and DOES 1 )
B g through 20, inclusive, )
<¤ 16 )
Defendants. )
17 )
1 8
19 TO DEFENDANTS AND THEIR ATTORNEY OF RECORD
20 NOTICE IS HEREBY GIVEN that Plaintiff Frank Nemirofsky ("Plaintiff') will and hereby
2] does move the Court for Miscellaneous Administrative Relief to file Exhibits A to the Declaration of
22 Robyn T. Callahan in support of Plaintiffs Motion to Dismiss Defendants' Counterclaim Pursuant to _
23 FRCP 12(b)(6) (the "Callahan Declaration") under seal. Plaintiffs motion for Miscellaneous H
24 Administrative Relief is based on this Notice of Motion and Motion, the Declaration of Robyn T.
25 Callahan filed herewith, and any further material and argtunent presented to the Court related to
26 Plaintiffs Motion to Dismiss Defendants' Counterclaim Pursuant to FRCP 12(b)(6).
27 ///
28 1 A
PLAINTIFF'S MISC. ADMINISTRATIVE MOTION TO FILE CERTAIN DOCUMENTS UNDER SEAL
CASE NO. 3:07-CV-02769 JL
Case 3:07-cv-02769-JL Document 54 Filed 06/30/2007 Page 2 of 3
1 I. INTRODUCTION
2 This case arises from Defendant Kim's breach of an agreement he made with Plaintiff
3 Nemirofsky regarding their partnership in the litigation of STV Asia Ltd. v. PRN Cogporation and L
4 Best Buy Company, Inc. ("PRN Litigation") and the distribution of the funds following the _
5 resolution of the PRN Litigation. The PRN litigation culminated in a confidential settlement
6 between STV and PRN. It is necessary to file Defendants' Amended Counterclaim (Exhibit A to L
7 Callahan Declaration) which contains detailed allegations regarding the confidential settlement,
8 under seal in order to protect the confidentiality of the settlement agreement and prevent it from
9 becoming publicly known.
10 II. AUTHORITY
at 11 The right to inspect and copy judicial records is not absolute. See Hagestad v. T ragesser, 49
E § g 12 F.3d 1430, 1433 (9th Cir. 1995) (citing Nixon v. Warner Communications, Inc., 435 U.S. 589, 597
g i 13 (1978)). "Every court has supervisory power over its own records and files, and access has been
E 14 denied where court files might have become a vehicle for improper purposes." Id Federal Rule of
E § E 15 Civil Procedure 26(c) provides that, for good cause shown, a court "may make any order which
3 $5 16 justice requires to protect a party or person from annoyance, embarrassment, oppression, undue I
17 burden or expense." Specifically, the court has the authority to withhold information from the public
18 so "that a trade secret or other confidential research, development, or commercial information not be
19 revealed only in a designated way." Fed. R. Civ. P. 26(c)(7). This is consistent with the
20 requirements of the Trade Secrets Act (18 U.S.C. § 1905).
21 III. THE AMENDED COUNTERCLAIM SHOULD BE SEALED.
22 In this case, Nemirofsky seeks to file Exhibits A to the Callahan Declaration under seal. The
23 exhibit contains reference to the confidential settlement agreement that arose out of the PRN
24 litigation as well as to specific details regarding the amount of and structure of the settlement.
25 Distribution of such information by Plaintiff would put Plaintiff in a position whereby he would be
26 in violation of the confidentiality agreement reached as part of the settlement. Furthermore, the
27 information as to the value of the settlement would be useful to potential competitors and infringers A
28 who would leam Plaintiff, STD, PRN and/or Best Buy's position conceming the value of the
CASE NO. 3:07-CV-02769 JL
Case 3:07-cv-02769-JL Document 54 Filed 06/30/2007 Page 3 of 3
1 patented technology. Thus, the contents are highly confidential and proprietary to the parties and
2 should be protected from disclosure under Federal Rule of Civil Procedure 26(c)(7).
3 VI. CONCLUSION
4 I In order to protect the confidentiality of the settlement order resulting from the PRN g
5 litigation and other sensitive competitive information contained within, Plaintiff respectively
6 requests that this court grant Plaintiffs request to place Exhibits A to the Callahan Declaration under
7 seal.
8
9 Dated: June 29, 2007 WINSTON & STRAWN LLP
10_
By:
,, ll onath M. Cohen
E § Robyn T. Callahan
A g j 12 WINSTON & STRAWN LLP
§ $2 gr" Attorneys for Plaintiff
g E { 13 FRANK NEM1RoFs1
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SF_1765l;g.AINTIFF'S MISC. ADMINISTRATIVE MOTION TO FILE CERTAIN DOCUMENTS UNDER SEAL
` ° CASE NO. 3:07-CV-02769 JL
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