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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TEXARKANA DIVISION
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`§
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`No. 5:19CV36-RWS
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`MAXELL, LTD.
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`V.
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`APPLE INC.
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`ORDER
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`The Court issues the following sua sponte. Contemporaneously with this Order, the
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`undersigned United States Magistrate Judge is entering an Order granting in part and denying in
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`part Maxell, Ltd.’s Opposed Motion to Compel (Docket Entry # 197). Because the Court cites at
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`length allegations from briefing which the parties have filed under seal, the Court has sealed the
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`Order.
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`A district court must use caution when exercising its discretion to place records under seal
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`because there is a “strong presumption that all trial proceedings should be subject to scrutiny by
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`the public.” United States v. Holy Land Found. for Relief & Dev., 624 F.3d 685, 690 (5th Cir.
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`2010); see also Federal Sav. & Loan Ins. Corp. v. Blain, 808 F.2d 395, 399 (5th Cir. 1987) (“The
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`district court’s discretion to seal the record of judicial proceedings is to be exercised charily”).
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`Even where no party opposes sealing, the burden is on the movant to establish the presumption in
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`favor of public records is overcome.
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`Given this presumption, the Court will unseal the Order granting in part and denying in part
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`Maxell, Ltd.’s Opposed Motion to Compel (Docket Entry # 197). Before doing so, however, the
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`Court will allow the parties twenty-one days from the date of entry of this Order in which to
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`submit a proposed publicly-available redacted version of the Order. The parties shall redact only
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`1
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`Case 5:19-cv-00036-RWS Document 273 Filed 04/08/20 Page 2 of 2 PageID #: 9902
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`those portions of the Order with respect to which the parties have a legitimate and overriding
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`business interest in maintaining confidentiality and shall be prepared to submit a particularized
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`showing regarding those redactions in the event the Court finds it necessary.
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`The parties shall advise the Court in writing if no redactions are necessary.
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`IT IS SO ORDERED.
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`2
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