Free Motion to Seal Document - District Court of California - California

Case 3:07-cv-02769-JL

Document 38

Filed 06/25/2007

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HARVEY SISKIND LLP D. PETER HARVEY (SBN 55712) e-mail: [email protected] SETH I. APPEL (SBN 233421) e-mail: [email protected] Four Embarcadero Center, 39th Floor San Francisco, California 94111 Telephone: (415) 354-0100 Facsimile: (415) 391-7124 Attorneys for Defendants and Counterclaimants SEOK KI KIM and STV ASIA, LTD.

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION FRANK NEMIROFSKY, Plaintiff, Case No.: C 07 2769 JL ADMINISTRATIVE MOTION TO FILE OPPOSITION TO PLAINTIFF'S EX PARTE MOTION TO EXTEND THE TEMPORARY PROTECTIVE ORDER UNDER SEAL

14 v. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. FRANK NEMIROFSKY, Counterdefendant. SEOK KI KIM; STV ASIA, LTD., a British Virgin Islands corporation; and DOES 1 through 20, inclusive, Defendants. SEOK KI KIM and STV ASIA, LTD., a British Virgin Islands corporation, Counterclaimants,

Defendants/Counterclaimants Seok Ki Kim and STV Asia, LTD. (collectively, "Defendants") hereby move the Court for an order authorizing the filing of a portion of Defendants' Opposition to Plaintiff's Ex Parte Motion to Extend the Temporary Protective Order under seal pursuant to Local Rules 7-11 and 79-5.
-1ADMINISTRATIVE MOTION TO FILE OPPOSITION UNDER SEAL Case No.: C 07 2769 JL

Case 3:07-cv-02769-JL

Document 38

Filed 06/25/2007

Page 2 of 2

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The basis of this motion is that this opposition includes information that is subject to a confidential agreement. ADMINISTRATIVE MOTION On March 2, 2006, Defendant/Counterclaimant STV Asia, Ltd. ("STV") entered into an agreement with PRN Corporation ("PRN"). The agreement provides: "The parties agree that the terms of this Agreement will be treated as confidential and maintained in confidence and will not be disclosed to any other person...." The agreement permits disclosure under certain limited

circumstances that are not applicable here. Certain terms of the STV-PRN agreement are relevant to this dispute and are mentioned in Defendants' Opposition to Plaintiff's Ex Parte Motion to Extend the Temporary Protective Order. In order to comply with STV's obligations under the STV-PRN agreement, Defendants respectfully request that the Court permit the filing of a portion of their opposition under seal.1 CONCLUSION For the reasons noted above, the Court should issue an order authorizing the filing of a portion of Defendants' opposition under seal.

Dated: June 25, 2007

Respectfully submitted, HARVEY SISKIND LLP By: /s/ Seth I. Appel

Attorneys for Defendants and Counterclaimants SEOK KI KIM and STV ASIA, LTD.

The confidential portions of these documents are highlighted, in accordance with Local Rule 79-5(c).
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ADMINISTRATIVE MOTION TO FILE OPPOSITION UNDER SEAL

Case No.: C 07 2769 JL