Nevro Corp. v. Bos. Scientific Corp.

Good Law
312 F. Supp. 3d 804
United States District Court, Northern District of CaliforniaMay 8, 2018Case No. 16–cv–06830–VCCalifornia435 words

Opinion

Lead Opinion

Chhabria, J.

On behalf of its clients, the law firm of Arnold & Porter Kaye Scholer LLP filed a frivolous request to seal documents. The Court denied that request and warned counsel "to both parties that frivolous sealing requests, or frivolously overbroad sealing requests, will result in sanctions going *805 forward." Dkt. No. 247 at 2. Two days later, the firm filed a motion for partial reconsideration of the order denying the request to seal. This motion was also frivolous. When denying the motion for partial reconsideration, the Court issued an order to show cause why the lawyers involved should not each be sanctioned $500 for this conduct. Each of the lawyers responded to the order to show cause. One of the lawyers argued that nobody should be sanctioned, but urged that if the Court disagreed, it should sanction only him-and not his firm or the other lawyers involved in the case.

Nothing in any of the responses to the order to show cause comes close to justifying either the original sealing request or the motion for partial reconsideration. Nor, at the hearing on the order to show cause, was any legitimate justification offered for either the original sealing request or the motion for…

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