Judge: Nick A. Dourbetas, Case: 2019-01114358, Date: 2022-11-04 Tentative Ruling

1. Motion for Protective Order
2. Motion for Summary Judgment and/or Adjudication
3. Motion for Summary Judgment and/or Adjudication

Plaintiff/cross-defendant VitaBest Nutrition, Inc. d/b/a Vit-Best Nutrition’s motion for summary judgment/adjudication and motion for protective order are both CONTINUED TO January 20, 2023, at 9:30 a.m.

Defendant/cross-complainant Dr. Rath Health Programs B.V. and defendant Dr. Rath International, Inc. (collectively, defendants) are ORDERED to electronically lodge unredacted versions of all of their opposition papers conditionally under seal within 5 court days, as they should have done in the first place. (See Orange County Superior Court, Local Rule 352 [mandatory electronic filing by represented parties in civil actions]; Cal. Rules of Court, rule 2.551(b), (d) [marking confidential/unredacted versions of filings “conditionally under seal”]; see also https://www.occourts.org/online-services/efiling/efiling-faq.html [“The Submitter’s Comment Box is a great tool that can be used to communicate to the clerk who will be processing this document. In this box you can include the items that you or your attorney service would normally communicate to the clerk at the counter, such as ... special handling instructions for your lodged or filed under seal documents”; “Supportive documents containing sealed or conditionally sealed information (such as Separate Statements, Declarations, Affidavits, Exhibit Lists, Supplementals, or Notices of Lodging) may be submitted under the document type ‘Sealed Document’ to ensure manual clerk’s review for sealing.”].)

Defendants have filed notices of lodging indicating that they have lodged unredacted copies of their opposition briefs and supporting evidence with the court, but no such unredacted versions of these filings appear to have been lodged. The court does not have unredacted copies of defendants’ opposition papers at this time.

No further briefing allowed.

Moving party shall give notice.