Nevro Corp. v. Bos. Scientific Corp., Case No. 16–cv–06830–VC

312 F.Supp.3d 804

NEVRO CORP., Plaintiff,

v.BOSTON SCIENTIFIC CORPORATION, et al., Defendants.

Case No. 16–cv–06830–VC

United States District Court, N.D. California.

Signed May 8, 2018

Michael A. Jacobs, Arturo J. Gonzalez, Elizabeth Ann Patterson, Jennifer J. Schmidt, Sabrina Larson, Morrison & Foerster LLP, San Francisco, CA, Alessa Yin–Chen Hwang, Daniel Clayton Hubin, Eric Chingyun Pai, Kenneth Alexander Kuwayti, Nicholas Ethan Ham, Morrison and Foerster LLP, Palo Alto, CA, Bita Rahebi, Nicholas Rylan Fung, Morrison & Foerster LLP, Los Angeles, CA, Ching–Lee Fukuda, Sona De, Todd M. Simpson, Sidley Austin LLP, New York, NY, Gregory A. Chopskie, Jacob Paul Ewerdt, Morrison Foerster LLP, Washington, DC, John Robert Lanham, Morrison Foerster LLP, San Diego, CA, for Plaintiff.

Matthew M. Wolf, Amy L. DeWitt, Christopher Moulder, Edward Han, Marc A. Cohn, Michael Kientzle, Patrick Conor Reidy, Tara Lynn Williamson, William Zachary Louden, Arnold & Porter Kaye Scholer LLP, Washington, DC, Carson Dean Anderson, Clara Wing–Kwan Wang, Edmond Kwasi Amoako Ahadome, Krista Marie Carter, Michael Duy Khiem Nguyen, Thomas T. Carmack, Arnold and Porter Kaye Scholer LLP, Palo Alto, CA, for Defendants.

ORDER RE SANCTIONS

Re: Dkt. No. 294

VINCE CHHABRIA, United States District Judge

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 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 partial reconsideration....