>>Uh-oh! Did Orrick blow it for their clients?<<
Yes!!!!!
Respondents' Notice of Withdrawal of Motion to File Under Seal Poriton of Reporters' Transcript
"TO THE CLERK OF THE COURT AND TO ALL PARTIES AND THEIR RESPECTIVE COUNSEL:
PLEASE TAKE NOTICE that Respondents Varian Medical Systems, Inc., Varian Semiconductor Equipment Associates, Inc., Susan B. Felch, and George Zdasiuk (“Respondents”) hereby withdraw their Motion to File Under Seal Portion of Reporter’s Transcript, filed in this Court on July 8, 2002.
The purpose of the motion was to preserve the confidentiality of certain portions of the trial testimony of Jeff Wright concerning security measures implemented by Respondent Varian Medical Systems, Inc., in order to preserve the effectiveness of those security measures. However, it has come to Respondents’ attention that Appellant Michelangelo Delfino already obtained a copy of the Jeff Wright transcript and published it on his Internet web site. He did this even though (1) he had been excluded from the courtroom during the testimony; (2) the transcript contains a court order stating that the testimony was confidential and should not be disclosed outside the courtroom; and (3) Respondents’ counsel had informed Delfino’s appellate counsel that Respondents intended to file a motion to seal the transcript. Unfortunately, it appears that Delfino’s bad faith actions have rendered Respondents’ motion to seal moot.
Accordingly, that motion is hereby withdrawn.
Dated: July 10, 2002
Respectfully submitted,
Matthew H. Poppe
Attorneys for Respondents"
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