Filed: Jun. 12, 2015
Latest Update: Jun. 12, 2015
Summary: OMNIBUS ORDER RE: MOTIONS TO SEAL (Re: Docket Nos. 168, 185, 195, 198, 222) PAUL S. GREWAL , Magistrate Judge . Before the court are five administrative motions to seal several documents. "Historically, courts have recognized a `general right to inspect and copy public records and documents, including judicial records and documents.'" 1 Accordingly, when considering a sealing request, "a `strong presumption in favor of access' is the starting point." 2 Parties seeking to seal judicial rec
Summary: OMNIBUS ORDER RE: MOTIONS TO SEAL (Re: Docket Nos. 168, 185, 195, 198, 222) PAUL S. GREWAL , Magistrate Judge . Before the court are five administrative motions to seal several documents. "Historically, courts have recognized a `general right to inspect and copy public records and documents, including judicial records and documents.'" 1 Accordingly, when considering a sealing request, "a `strong presumption in favor of access' is the starting point." 2 Parties seeking to seal judicial reco..
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OMNIBUS ORDER RE: MOTIONS TO SEAL (Re: Docket Nos. 168, 185, 195, 198, 222)
PAUL S. GREWAL, Magistrate Judge.
Before the court are five administrative motions to seal several documents. "Historically, courts have recognized a `general right to inspect and copy public records and documents, including judicial records and documents.'"1 Accordingly, when considering a sealing request, "a `strong presumption in favor of access' is the starting point."2 Parties seeking to seal judicial records relating to dispositive motions bear the burden of overcoming the presumption with "compelling reasons" that outweigh the general history of access and the public policies favoring disclosure.3
However, "while protecting the public's interest in access to the courts, we must remain mindful of the parties' right to access those same courts upon terms which will not unduly harm their competitive interest."4 Records attached to nondispositive motions therefore are not subject to the strong presumption of access.5 Because the documents attached to nondispositive motions "are often unrelated, or only tangentially related, to the underlying cause of action," parties moving to seal must meet the lower "good cause" standard of Rule 26(c).6 As with dispositive motions, the standard applicable to nondispositive motions requires a "particularized showing"7 that "specific prejudice or harm will result" if the information is disclosed.8 "Broad allegations of harm, unsubstantiated by specific examples of articulated reasoning" will not suffice.9 A protective order sealing the documents during discovery may reflect the court's previous determination that good cause exists to keep the documents sealed,10 but a blanket protective order that allows the parties to designate confidential documents does not provide sufficient judicial scrutiny to determine whether each particular document should remain sealed.11
In addition to making particularized showings of good cause, parties moving to seal documents must comply with the procedures established by Civ. L.R. 79-5. Pursuant to Civ. L.R. 79-5(b), a sealing order is appropriate only upon a request that establishes the document is "sealable," or "privileged or protectable as a trade secret or otherwise entitled to protection under the law." "The request must be narrowly tailored to seek sealing only of sealable material, and must conform with Civil L.R. 79-5(d)."12 "Within 4 days of the filing of the Administrative Motion to File Under Seal, the Designating Party must file a declaration as required by subsection 79-5(d)(1)(A) establishing that all of the designated material is sealable."13
With these standards in mind, the courts rules on the instant motions as follows:
Motion Document to be Sealed Result Reason/Explanation
to Seal
222 Exhibit B to Nassiri UNSEALED No declaration in
Declaration ISO support filed with the
Administrative Motion to court as required by
File Under Seal Civ. L.R. 79-5(e)(1).
222 Exhibit C to Nassiri Designations highlighted in Only sealed portions
Declaration ISO green at Docket No. 166-1: page narrowly tailored to
Administrative Motion to 13:13-14 SEALED; all other confidential business
File Under Seal designations UNSEALED information.
222 Exhibit D to Nassiri UNSEALED No declaration in
Declaration ISO support filed with the
Administrative Motion to court as required by
File Under Seal Civ. L.R. 79-5(e)(1).
222 Exhibit E to Nassiri Designations highlighted in Narrowly tailored to
Declaration ISO yellow at Docket No. 222-8 confidential business
Administrative Motion to SEALED information.
File Under Seal
222 Exhibit F to Nassiri Designations highlighted in Narrowly tailored to
Declaration ISO green at Docket No. 166-3 confidential business
Administrative Motion to SEALED information.
File Under Seal
222 Exhibit G to Nassiri Designations highlighted in Narrowly tailored to
Declaration ISO green at Docket No. 166-5 confidential business
Administrative Motion to SEALED information.
File Under Seal
222 Exhibit H to Nassiri Designations highlighted in Narrowly tailored to
Declaration ISO green at Docket No. 166-7 confidential business
Administrative Motion to SEALED information.
File Under Seal
222 Exhibit I to Nassiri Designations highlighted in Narrowly tailored to
Declaration ISO yellow at Docket No. 222-13 confidential business
Administrative Motion to SEALED information.
File Under Seal
222 Exhibit J to Nassiri Designations highlighted in Narrowly tailored to
Declaration ISO yellow at Docket No. 222-15 confidential business
Administrative Motion to SEALED information.
File Under Seal
222 Exhibit K to Nassiri Designations highlighted in Narrowly tailored to
Declaration ISO yellow at Docket No. 222-17 confidential business
Administrative Motion to SEALED information.
File Under Seal
222 Exhibit L to Nassiri Designations highlighted in Narrowly tailored to
Declaration ISO green at Docket No. 166-9 confidential business
Administrative Motion to SEALED information.
File Under Seal
222 Exhibit M to Nassiri Designations highlighted in Only sealed portions
Declaration ISO green at Docket No. 168-4 narrowly tailored to
168 Administrative Motion to SEALED; designations confidential business
File Under Seal highlighted in fuchsia at Docket information.
No. 168-4: Notice of Motion
page, line 15, pages ii: 3, v: 28,
viii: 1-2, xiii: 17, xxi: 1, 1, 4, 7, 10
SEALED; all other designations
UNSEALED
168 Exhibit B to Nassiri Designations highlighted in Narrowly tailored to
Declaration ISO Plaintiff's green at Docket No. 168-2 confidential business
Motion to Compel SEALED. information.
185 Exhibit F to Declaration of UNSEALED Not narrowly tailored
Matthew D. Brown ISO to confidential
Facebook's Administrative business information.
Motion to File Under Seal
195 Exhibit A to Nassiri UNSEALED Not narrowly tailored
Declaration ISO Plaintiff's to confidential
Administrative Motion to business information.
File Under Seal
198 Exhibit A to Aschenbrener Designations highlighted in Only sealed portions
Declaration ISO Plaintiff's purple at Docket No. 206-1; narrowly tailored to
Administrative Motion to page 6 SEALED; all other confidential business
File Under Seal designations UNSEALED information.