Filed: Feb. 02, 2016
Latest Update: Feb. 02, 2016
Summary: OMNIBUS ORDER RE: MOTIONS TO SEAL (Re: Docket Nos. 876, 879) PAUL S. GREWAL , Magistrate Judge . Before the court are two administrative motions to seal. 1 "Historically, courts have recognized a `general right to inspect and copy public records and documents, including judicial records and documents.'" 2 Accordingly, when considering a sealing request, "a `strong presumption in favor of access' is the starting point." 3 Parties seeking to seal judicial records relating to motions that
Summary: OMNIBUS ORDER RE: MOTIONS TO SEAL (Re: Docket Nos. 876, 879) PAUL S. GREWAL , Magistrate Judge . Before the court are two administrative motions to seal. 1 "Historically, courts have recognized a `general right to inspect and copy public records and documents, including judicial records and documents.'" 2 Accordingly, when considering a sealing request, "a `strong presumption in favor of access' is the starting point." 3 Parties seeking to seal judicial records relating to motions that a..
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OMNIBUS ORDER RE: MOTIONS TO SEAL
(Re: Docket Nos. 876, 879)
PAUL S. GREWAL, Magistrate Judge.
Before the court are two administrative motions to seal.1 "Historically, courts have recognized a `general right to inspect and copy public records and documents, including judicial records and documents.'"2 Accordingly, when considering a sealing request, "a `strong presumption in favor of access' is the starting point."3 Parties seeking to seal judicial records relating to motions that are "more than tangentially related to the underlying cause of action"4 bear the burden of overcoming the presumption with "compelling reasons" that outweigh the general history of access and the public policies favoring disclosure.5
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."6 Records attached to motions that are "not related, or only tangentially related, to the merits of a case" therefore are not subject to the strong presumption of access.7 Parties moving to seal the documents attached to such motions must meet the lower "good cause" standard of Rule 26(c).8 This standard requires a "particularized showing"9 that "specific prejudice or harm will result" if the information is disclosed.10 "Broad allegations of harm, unsubstantiated by specific examples of articulated reasoning" will not suffice.11 A protective order sealing the documents during discovery may reflect the court's previous determination that good cause exists to keep the documents sealed,12 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.13
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)."14 "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."15
With these standards in mind, the court rules on the instant motions as follows:
Docket Document to be Sealed Result Reason/Explanation
No.
876-4 Defendants' Opposition to Designations highlighted in Narrowly tailored to
Plaintiffs' Motion to Strike yellow at confidential business
Lasinski Report 1:6-7, information.
3:1, 3:14-15, 3:19,
4:10, 4:16, 4:19, 4:22, and 4:24-25
SEALED.
876-6 Koppelman Decl. ISO Designations highlighted in Narrowly tailored to
Defendants' Opposition yellow at paragraph 8 SEALED. confidential business
information.
876-8 Ex. B to Koppelman Decl. Designations highlighted in Narrowly tailored to
yellow at 72-77 SEALED. confidential business
information.
876-10 Ex. D to Koppelman Decl. UNSEALED. No declaration in
support filed with the
court as required by
Civ. L.R. 79-5(e)(1).
876-11 Ex. F to Koppelman Decl. Designation at 17:19 SEALED; Only sealed portion
remainder UNSEALED. narrowly tailored to
confidential business
information.
879-4 Avago's Reply Motion to Designations highlighted in Narrowly tailored to
Strike Lasinski Report yellow at confidential business
2:9, 2:14, 2:16, 2:17, 2:23, 2:24, information.
3:27-28
SEALED.
879-5 Ex. 1 to Chang Decl. ISO UNSEALED. Does not contain
Avago's Reply confidential business
information.
879-6 Ex. 2 to Chang Decl. UNSEALED. Does not contain
confidential business
information.
879-7 Ex. 3 to Chang Decl. SEALED. Narrowly tailored to
confidential business
information.
SO ORDERED.