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`UNITED STATES DISTRICT COURT
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`NORTHERN DISTRICT OF CALIFORNIA
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`FINJAN, INC.,
`Plaintiff,
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`v.
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`JUNIPER NETWORK, INC.,
`Defendant.
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`Case No. 17-cv-05659-WHA (TSH)
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`ORDER DENYING MOTION TO SEAL
`Re: Dkt. No. 427
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`Finjan filed a motion to seal in connection with its letter brief moving to compel. ECF No.
`427. Finjan sought to seal (1) quotations in its letter brief of deposition testimony by Juniper’s
`Scott Coonan and Meredith McKenzie; (2) Exhibits 2 and 3 to the letter brief, which are the
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`excerpts of those depositions; and (3) quotations of that testimony in a meet and confer letter,
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`which was Exhibit 4. Finjan moved to seal these materials because they contain information that
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`Juniper designated as confidential under the terms of the protective order in this action.
`Local Rule 79-5(e) states that “[i]f the Submitting Party is seeking to file under seal a
`document designated as confidential by the opposing party or a non-party pursuant to a protective
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`order, or a document containing information so designated by an opposing party or a non-party,
`the Submitting Party’s declaration in support of the Administrative Motion to File Under Seal
`must identify the document or portions thereof which contain the designated confidential material
`and identify the party that has designated the material as confidential.” Then, “[w]ithin 4 days of
`the filing of the Administrative Motion to File Under Seal, the Designating Party must file a
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`declaration as required by subsection 79-5(d)(1)(A) establishing that all of the designated material
`is sealable.”
`Juniper did not file the required declaration. Instead, its letter brief opposing the motion to
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`28
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`Northern District of California
`United States District Court
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`Case 3:17-cv-05659-WHA Document 450 Filed 04/26/19 Page 2 of 2
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`compel attached an even larger excerpt of Coonan’s testimony, and Juniper filed this in the public
`record, indicating its belief that this portion of Coonan’s testimony is not confidential at all. At
`the telephonic hearing, Juniper confirmed it does not seek to seal the items at issue here.
`Finjan’s motion to seal is therefore DENIED. Pursuant to Local Rule 79-5(f)(2), Finjan
`may refile unredacted versions of these documents in the public record within seven days.
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`IT IS SO ORDERED.
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`Dated: April 25, 2019
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`THOMAS S. HIXSON THOMAS S HIXSON
`United States Magistrate Judge
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`Northern District of California
`United States District Court
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