Pacific Steel Group v. Commercial Metals Company

1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 OAKLAND DIVISION PACIFIC STEEL GROUP, Case No. 4:20-cv-07683-HSG 6 Plaintiff, STIPULATION AND ORDER TO EXTEND DEADLINE TO FILE 7 vs. REVISED JOINT OMNIBUS ADMINISTRATIVE MOTION TO SEAL COMMERCIAL METALS COMPANY, et al., The Hon. Haywood S. Gilliam, Jr. Defendants. Action Filed: October 30, 2020 10 Trial Date: October 21, 2024 1 STIPULATION 2 Pursuant to Civil Local Rule 6-2, Plaintiff Pacific Steel Group (“Plaintiff”) and Defendants Commercial Metals Company, CMC Steel Fabricators, Inc., and CMC Steel US, LLC (collectively, “Defendants” and together with Plaintiff, the “Parties”), by and through their undersigned counsel, respectfully request that the Court enter the Parties’ below stipulation extending the deadline to file a revised Joint Omnibus Administrative Motion to Seal from July 9, 2024 to July 19, 2024.

8 WHEREAS, on April 19, 2024, the Parties filed a Joint Omnibus Administrative Motion to Seal (Dkt. No. 289) pursuant to the Court’s April 10, 2024 Order Regarding Motions to Seal (Dkt.

10 No. 286) directing the parties to file a single administrative motion to seal and proposed order consolidating all motions to seal that were then pending; 12 WHEREAS, on July 2, 2024, the Court directed the Parties to meet and confer and reconsider their sealing requests in light of the “compelling reasons” standard under Kamakana v. City & County of Honolulu, 447 F.3d 1172 (9th Cir. 2006), and ordered the Parties to file either a revised Joint Omnibus Administrative Motion to Seal that has more narrowly tailored requests for sealing/redactions or a joint statement explaining why the current omnibus motion meets the “compelling reasons” standard (Dkt. No. 354); 18 WHEREAS, on July 2, 2024, counsel for the Parties met and conferred and agreed to file a revised Joint Omnibus Administrative Motion to Seal that more narrowly tailors the Parties’ requests for sealing/redactions to meet the “compelling reasons” standard; 21 WHEREAS, for the convenience of the Court, counsel for the Parties further agreed that the revised Joint Omnibus Administrative Motion to Seal would include any requests for sealing/redactions for information filed in connection with the Parties’ respective motions in limine (Dkt. Nos. 308, 314, 334, 339) which were filed after the Parties’ April 19, 2024 Joint Omnibus Administrative Motion to Seal; 26 WHEREAS, counsel for the Parties have begun to confer with their respective clients to more narrowly tailor the Parties’ requests for sealing/redactions to meet the “compelling reasons” 1 WHEREAS, counsel for the Parties have begun to confer with pertinent third parties regarding more narrowly tailoring their requests for sealing/redactions to meet the “compelling reasons” standard; 4 WHEREAS, the Parties, pertinent third parties, and their respective counsel have limited availability prior to July 9, 2024, given scheduling conflicts around the Fourth of July holiday; 6 WHEREAS, the Parties have agreed to extend the deadline for filing the revised Joint Omnibus Administrative Motion to Seal to July 19, 2024, to accommodate the Parties’, pertinent third parties’, and their respective counsels’ scheduling conflicts and to provide sufficient time for the Parties and pertinent third parties to review and narrowly tailor their requests for sealing/redactions to meet the “compelling reasons” standard; 11 WHEREAS, no other deadlines will be altered or otherwise impacted by this extension, as set forth in the Declaration of Michelle Kao filed concurrently herewith; and 13 THEREFORE, IT IS HEREBY AGREED AND STIPULATED that the deadline to file a revised Joint Omnibus Administrative Motion to Seal shall be reset to July 19, 2024.

15 IT IS SO STIPULATED.

16 // // // // // // // // // // // // Dated: July 2, 2024 Dated: July 2, 2024 By: /s/ Christopher C. Wheeler By: /s/ Steven Bizar Christopher C. Wheeler (SBN 224872) Steven Bizar (pro hac vice) Cameron J. Gibbs (SBN 346524) Agnese Nadalini (pro hac vice) FARELLA BRAUN + MARTEL LLP David Costigan (pro hac vice) One Bush Street, Suite 900 DECHERT LLP San Francisco, CA 94104 2929 Arch St. Telephone: (415) 954-4400 Philadelphia, PA 19104 Facsimile: (415) 954-4480 Telephone: 215.994.4000 [email protected] Facsimile: 215.994.2222 [email protected] Email: [email protected] Email: [email protected] Benjamin D. Brown (SBN 202545) Email: [email protected] Daniel McCuaig (pro hac vice) Nathaniel D. Regenold (pro hac vice) Shari Ross Lahlou (pro hac vice) COHEN MILSTEIN SELLERS Nathan Richardson (pro hac vice) & TOLL PLLC DECHERT LLP 1100 New York Ave., NW, Fifth Floor 1900 K Street, NW Washington, DC 20005 Washington, DC 20006 Telephone: (202) 408-4600 Telephone: 202.261.3300 Facsimile: (202) 408-4699 Facsimile: 202.261.3333 [email protected] Email: [email protected] [email protected] Email: [email protected] [email protected] Joseph Trujillo (SBN 305170) William C. Price (SBN 108542) DECHERT LLP Rachael L. McCracken (SBN 252660) 45 Fremont St., 26th Floor QUINN EMANUEL URQUHART & San Francisco, California 94105 SULLIVAN, LLP Telephone: 415.262.4500 S. Figueroa Street, 10th Floor Facsimile: 415.262.4555 Los Angeles, CA 90017 Email: joseph [email protected] Telephone: (213) 443-3000 Facsimile: (213) 443-3100 By: /s/ Bonnie Lau [email protected] Bonnie Lau (SBN 246188) [email protected] Lena Gankin (SBN 333047) MORRISON & FOERSTER LLP Steig D. Olson (pro hac vice) 425 Market Street Nic Siebert (pro hac vice) San Francisco, California 94105-2482 QUINN EMANUEL URQUHART & Telephone: 415.268.7000 SULLIVAN, LLP Facsimile: 415.268.7522 Madison Avenue, 22nd Floor Email: [email protected] New York, NY 10010 Telephone: (212) 849-7000 Attorneys for Defendants Facsimile: (212) 849-7100 Commercial Metals Company; [email protected] CMC Rebar West; [email protected] CMC Steel US, LLC Attorneys for Plaintiff Pacific Steel Group 1 ECF ATTESTATION 2 I, Christopher C. Wheeler, am the ECF User whose ID and password are being used to file this STIPULATION AND [PROPOSED ORDER] TO EXTEND DEADLINE TO FILE REVISED JOINT OMNIBUS ADMINISTRATIVE MOTION TO SEAL. In accordance with Civil Local Rule 5-1, concurrence in the filing of this document has been obtained from each of the other signatories, and I shall maintain records to support this concurrence for subsequent production for the Court if so ordered or for inspection upon request by a party.

Dated: July 2, 2024 FARELLA BRAUN + MARTEL LLP By: /s/ Christopher C. Wheeler 11 Christopher C. Wheeler 1 ORDER 2 PURSUANT TO STIPULATION AND FOR GOOD CAUSE SHOWN, IT IS Si || ORDERED.

4 IT IS SO ORDERED. || Dated: 7/3/2024 a Y no: J g LN 6 The Honotable Haywood S. Gilliam, □□□ UNITED STATES DISTRICT JUDGE STIPULATION & ORDER TO EXTEND