Case Name:   Avshalom Tevel v. Apple, Inc.

Case No.:       1-14-CV-260580

Defendant moves to seal certain court records and to require Plaintiff to return to Defendant all property of Defendant Plaintiff retained after his employment was terminated.

Defendant is correct that Plaintiff’s opposition was required to be filed no later than July 1, 2014.  Plaintiff offers no explanation for the untimely filing on July 3, 2014.  However, Defendant identifies no prejudice to it on account of the untimely filing, and the court has considered the opposition.  Plaintiff is directed that he must comply with all procedural rules and guidelines and is advised that the court may decline to consider untimely filings in the future.

Defendant requests, pursuant to Rules of Court 2.550 and 2.551, that pages 14-37 and 43-45 of the document entitled “Supporting material—44 pages” filed May 20, 2014, be sealed on the ground that it contains Defendant’s confidential information.  Plaintiff’s opposition does not address Apple’s evidence establishing the factors necessary under the Rules of Court for such relief.  Therefore, the court finds that the factual premises have been met and the relief is granted.  The proposed order should identify precisely the documents to be sealed and set forth the required factual findings as stated in the moving papers.

Defendant also seeks return of its property retained by Plaintiff when his employment was terminated.  Plaintiff does not dispute that he has Defendant’s property and that he has retained it in violation of his agreement with Defendant.   Employees are not entitled to self-help discovery.  (Pillsbury, Madison & Sutro v. Schectman (1997) 55 Cal.App.4^th 1279.)  The motion is granted.  Plaintiff is ordered to deliver to the office of Defendant’s counsel, within twenty days of notice, any and all property of Defendant in his possession (including, without limitation, documents and all copies thereof in any form), and at the same time to serve a declaration under oath that he has returned all Defendant’s property in his possession.