Friday, September 27, 2019 8:26:16 PM
Rontan wanted to seal the documents and they were needed to support their MSJ claim/motion. Both motions had to be denied because their is no legal basis by which the documents in question can be removed or held out (sealed) from the public record.
It appears that after the ruling was made on sealing the documents, Rontan decide not to submit the documents in support of their MSJ. This in turn left the MSJ with no supporting documents for its claim so it to had to be Denied. As you might see this is a “technical” issue. The Judge is not ruling on the merits of the documents. He is ruling on sealing them which he can not do.
“without prejudice” So here we see how and why this ruling is used. This allows Rontan to decide to go ahead and submit the documents as public record to support their MSJ and amend the filing to include those documents.
Once this is done. The former MSJ and the ruling are legally irrelevant all that stands is the amended MSJ. Neither Side May reference the original MSJ or the ruling as a result of that MSJ once the amended MSJ is filed.
Hope this helps. This is exactly what happened with the original complaint by GDSI and the MTD associated with it. Once theFAC was filed the preceding filings were irrelevant legally speaking.
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