Filed: Sep. 16, 2015
Latest Update: Sep. 16, 2015
Summary: OMNIBUS ORDER RE: MOTIONS TO SEAL (Re: Docket Nos. 231, 237, 238, 246, 252, 253, 258, 262, 275, 279) PAUL S. GREWAL , Magistrate Judge . Before the court are numerous administrative motions to seal. "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 j
Summary: OMNIBUS ORDER RE: MOTIONS TO SEAL (Re: Docket Nos. 231, 237, 238, 246, 252, 253, 258, 262, 275, 279) PAUL S. GREWAL , Magistrate Judge . Before the court are numerous administrative motions to seal. "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 ju..
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OMNIBUS ORDER RE: MOTIONS TO SEAL (Re: Docket Nos. 231, 237, 238, 246, 252, 253, 258, 262, 275, 279)
PAUL S. GREWAL, Magistrate Judge.
Before the court are numerous administrative motions to seal. "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
231 Plaintiff's Motion Designations highlighted in Only sealed portions
Regarding Improper black on pages 5:13-17, 6-11 at narrowly tailored to
Privilege Claims Docket No. 231-3 SEALED; all confidential business
other designations UNSEALED. information.
231 Exhibit A SEALED Narrowly tailored to
confidential business
information.
231 Exhibit B SEALED Narrowly tailored to
confidential business
information.
231 Exhibit C SEALED Narrowly tailored to
confidential business
information.
231 Exhibit D UNSEALED No declaration in
support filed with the
court as required by
Civ. L.R. 79-5(e)(1).
231 Exhibit E UNSEALED No declaration in
support filed with the
court as required by
Civ. L.R. 79-5(e)(1).
231 Exhibit F Docket No. 231-18 at 125:23-24, Only sealed portions
126:25-127:1, 127:7-9, 127:16-18, Narrowly tailored to
127:20-23, 135:5-6, 135:11-12 confidential business
135:21-24, 137:2-24, 148:1-6, information.
148:10-11, 148:14, 148:16-17,
148:21-24, 149:2-3, 149:5-16,
149: 20-25, 150:5-17, 150:19-23,
151:6-8, 151:11-13, 151:15-18,
151:20-25 SEALED; all other
designations UNSEALED.
231 Exhibit G Docket No. 231-20 at 72:1-23, Only sealed portions
73:1-25 SEALED; all other narrowly tailored to
designations UNSEALED. confidential business
information.
231 Exhibit H Docket No. 231-22 at 32:8-10, Only sealed portions
32:13-15, 32:18-25 SEALED; all narrowly tailored to
other designations UNSEALED. confidential business
information.
237 Plaintiff's Rule 30(b)(6) Designations highlighted in Only sealed portions
Motion black at Docket No. 237-3 narrowly tailored to
SEALED; all other designations confidential business
UNSEALED. information.
237 Exhibit K Docket No. 237-10 at 109:1-25, Only sealed portions
110:2-19 SEALED; all other narrowly tailored to
designations UNSEALED. confidential business
information,
according to
Defendants'
declaration in support
filed with the court.14
237 Exhibit L Docket No. 237-12 at 51:2-52:9, Only sealed portions
100:1-4, 100:8-20, 102:7-13, narrowly tailored to
102:20-103:9, 103:19-22, confidential business
103:25, 108:15-109:25 information,
SEALED; all other designations according to
UNSEALED. Defendants'
declaration in support
filed with the court.15
237 Exhibit M Docket No. 237-14 at 23:10-20, Only sealed portions
24:1-21, 24:25-25:25, 50:1-53:25, narrowly tailored to
64:1-25, 67:1-25, 74:3-16, confidential business
75:3-14 SEALED; all other information.
designations UNSEALED.
237 Exhibit N UNSEALED No declaration in
support filed with the
court as required by
Civ. L.R. 79-5(e)(1).
238 Plaintiff's Motion to Designations highlighted in Only sealed portions
Compel and Preclude black on pages 7-10 at Docket narrowly tailored to
No. 237-3 SEALED; all other confidential business
designations UNSEALED. information.
238 Exhibit O UNSEALED No declaration in
support filed with the
court as required by
Civ. L.R. 79-5(e)(1).
238 Exhibit P UNSEALED No declaration in
support filed with the
court as required by
Civ. L.R. 79-5(e)(1).
238 Exhibit Q Docket No. 238-12 at 37:1-14:15, Only sealed portions
43:1-45:25, 54:3-25, narrowly tailored to
57:1-60:25, 67:9-25, 69:1-70:25, confidential business
262:2-263:25 SEALED; all other information.
designations UNSEALED.
238 Exhibit R Docket No. 238-14 at 22:1-25, Only sealed portions
24:1-26:25, 27:12-25, 29:5-25, narrowly tailored to
38:1-25, 47:6-48:25, 52:9-25, confidential business
57:1-58:25, 59:6-25, 64:1-68:23, information.
69:9-25, 73:3-25 SEALED; all
other designations UNSEALED.
238 Exhibit S Docket No. 238-16 at 89:7-9, Only sealed portions
89:20-90:25 SEALED; all other narrowly tailored to
designations UNSEALED. confidential business
information.
238 Exhibit T UNSEALED No declaration in
support filed with the
court as required by
Civ. L.R. 79-5(e)(1).
238 Exhibit U UNSEALED No declaration in
support filed with the
court as required by
Civ. L.R. 79-5(e)(1).
238 Exhibit V UNSEALED No declaration in
support filed with the
court as required by
Civ. L.R. 79-5(e)(1).
238 Exhibit W UNSEALED No declaration in
support filed with the
court as required by
Civ. L.R. 79-5(e)(1).
246 Defendants' Opposition to Designations highlighted in Only sealed portions
Plaintiff's Privilege Motion yellow at Docket No. 246-4 narrowly tailored to
SEALED; Docket No. 246-4 at confidential business
8:19-28 SEALED; all other information.
designations UNSEALED.
246 Exhibit 1 SEALED Narrowly tailored to
confidential business
information.
246 Exhibit 2 SEALED Narrowly tailored to
confidential business
information.
246 Exhibit 3 SEALED Narrowly tailored to
confidential business
information.
246 Exhibit 4 SEALED Narrowly tailored to
confidential business
information.
246 Exhibit 5 Designations highlighted in Only sealed portions
yellow at Docket No. 246-16 narrowly tailored to
SEALED; all other designations confidential business
UNSEALED. information.
246 Exhibit 6 Designations highlighted in Only sealed portions
yellow at Docket No. 246-18 narrowly tailored to
SEALED; all other designations confidential business
UNSEALED. information.
246 Exhibit 7 SEALED Narrowly tailored to
confidential business
information.
246 Exhibit 8 SEALED Narrowly tailored to
confidential business
information.
246 Exhibit 9 Designations highlighted in Only sealed portions
yellow at Docket No. 246-24 narrowly tailored to
SEALED; all other designations confidential business
UNSEALED. information.
246 Exhibit 10 SEALED Narrowly tailored to
confidential business
information.
246 Exhibit 11 SEALED Narrowly tailored to
confidential business
information.
246 Kim Declaration at Docket Designations highlighted in Only sealed portions
No. 246-43 yellow at Docket No. 246-43 narrowly tailored to
SEALED; all other designations confidential business
UNSEALED. information.
247 Defendants' Opposition to Designations highlighted in Only sealed portions
Plaintiff's Rule 30(b)(6) yellow at Docket No. 247 narrowly tailored to
Motion and Motion to SEALED; all other designations confidential business
Compel UNSEALED. information.
247 Exhibit 2 Designations highlighted in Only sealed portions
yellow at Docket No. 247-5 narrowly tailored to
SEALED; all other designations confidential business
UNSEALED. information.
247 Exhibit 4 Designations highlighted in Only sealed portions
yellow at Docket No. 247-8 narrowly tailored to
SEALED; all other designations confidential business
UNSEALED. information.
247 Exhibit 5 Designations highlighted in Only sealed portions
yellow at Docket No. 247-10 narrowly tailored to
SEALED; all other designations confidential business
UNSEALED. information.
247 Exhibit 7 Designations highlighted in Only sealed portions
yellow at Docket No. 247-13 narrowly tailored to
SEALED; all other designations confidential business
UNSEALED. information.
247 Exhibit 8 SEALED Narrowly tailored to
confidential business
information.
247 Exhibit 9 SEALED Narrowly tailored to
confidential business
information.
247 Exhibit 10 SEALED Narrowly tailored to
confidential business
information.
247 Exhibit 11 SEALED Narrowly tailored to
confidential business
information.
247 Exhibit 12 SEALED Narrowly tailored to
confidential business
information.
247 Exhibit 15 Designations highlighted in Only sealed portions
yellow at Docket No. 247-31 narrowly tailored to
SEALED; all other designations confidential business
UNSEALED. information.
247 Exhibit 16 Designations highlighted in Only sealed portions
yellow at Docket No. 247-33 narrowly tailored to
SEALED; all other designations confidential business
UNSEALED. information.
247 Exhibit 19 Docket No. 247-38 at ¶¶ 73, 85, Only sealed portions
87 and Ex. B SEALED; all other narrowly tailored to
designations UNSEALED. confidential business
information.
247 Exhibit 20 SEALED Narrowly tailored to
confidential business
information.
252 Plaintiff's Reply in Support UNSEALED No declaration in
of Plaintiff's Motion support filed with the
Regarding Improper court as required by
Privilege Claims Civ. L.R. 79-5(e)(1).
Defendants'
Response refers to
declarations not filed
with the court.16
252 Exhibit A UNSEALED No declaration in
support filed with the
court as required by
Civ. L.R. 79-5(e)(1).
Defendants'
Response refers to
declarations not filed
with the court.17
252 Exhibit B UNSEALED No declaration in
support filed with the
court as required by
Civ. L.R. 79-5(e)(1).
Defendants'
Response refers to
declarations not filed
with the court.18
252 Exhibit C UNSEALED No declaration in
support filed with the
court as required by
Civ. L.R. 79-5(e)(1).
Defendants'
Response refers to
declarations not filed
with the court.19
253 Plaintiff's Reply in Support UNSEALED No declaration in
of Plaintiff's Discovery support filed with the
Motions court as required by
Civ. L.R. 79-5(e)(1).
Defendants'
Response refers to
declarations not filed
with the court.20
258 Defendants' Motion for Designations highlighted in Only sealed portions
Summary Judgment yellow on pages 7 n.7, 10:4-14, narrowly tailored to
10:24, 11:2-19, 13:9-10, 13:16-14:19 confidential business
15:2, 19:25, 20:5, 21, 26-30, information.
36:18-20, 38:4-7, 40:1-3 at
Docket No. 258-3 SEALED; all
other designations UNSEALED.
258 Sandfeld Declaration at UNSEALED No declaration in
Docket No. 258-10 support filed with the
court as required by
Civ. L.R. 79-5(e)(1).
258 Exhibit 1 to Platt Designations highlighted in Only sealed portions
Declaration yellow on pages 8, 100-143 at narrowly tailored to
Docket No. 258-15 SEALED; all confidential business
other designations UNSEALED. information.
258 Exhibit 2 to Platt Docket No. 258-17 at 15:2-10, Only sealed portions
Declaration 18:24-19:15, 67:9-187:11 narrowly tailored to
SEALED; all other designations confidential business
UNSEALED. information.
258 Exhibit 3 to Platt Designations highlighted in Only sealed portions
Declaration yellow at Docket No. 258-19 narrowly tailored to
SEALED; all other designations confidential business
UNSEALED. information.
258 Exhibit 4 to Platt UNSEALED No declaration in
Declaration support filed with the
court as required by
Civ. L.R. 79-5(e)(1).
258 Exhibit 5 to Platt Docket No. 258-23 at 102:21-222:22 Only sealed portions
Declaration SEALED; all other narrowly tailored to
designations UNSEALED. confidential business
information.
258 Exhibit 7 to Platt Docket No. 258-26 at 17:24-185:25 Only sealed portions
Declaration SEALED; all other narrowly tailored to
designations UNSEALED. confidential business
information.
258 Exhibit 10 to Platt Docket No. 258-30 at 98:20-181:20 Only sealed portions
Declaration SEALED; all other narrowly tailored to
designations UNSEALED. confidential business
information.
258 Exhibit 11 to Platt UNSEALED No declaration in
Declaration support filed with the
court as required by
Civ. L.R. 79-5(e)(1).
258 Exhibit 12 to Platt Designations highlighted in Only sealed portions
Declaration yellow at Docket No. 258-34 narrowly tailored to
SEALED; all other designations confidential business
UNSEALED. information.
258 Exhibit 13 to Platt Designations highlighted in Only sealed portions
Declaration yellow at Docket No. 258-36 narrowly tailored to
SEALED; Docket No. 258-36 at confidential business
33:12-19, 40:12-25 SEALED; all information.
other designations UNSEALED.
258 Exhibit 14 to Platt UNSEALED No declaration in
Declaration support filed with the
court as required by
Civ. L.R. 79-5(e)(1).
258 Exhibit 17 to Platt SEALED Narrowly tailored to
Declaration confidential business
information.
258 Exhibit 18 to Platt SEALED Narrowly tailored to
Declaration confidential business
information.
258 Exhibit 19 to Platt SEALED Narrowly tailored to
Declaration confidential business
information.
258 Exhibit 20 to Platt SEALED Narrowly tailored to
Declaration confidential business
information.
258 Exhibit 21 to Platt SEALED Narrowly tailored to
Declaration confidential business
information.
258 Exhibit 22 to Platt SEALED Narrowly tailored to
Declaration confidential business
information.
258 Exhibit 23 to Platt SEALED Narrowly tailored to
Declaration confidential business
information.
258 Exhibit 24 to Platt SEALED Narrowly tailored to
Declaration confidential business
information.
258 Exhibit 25 to Platt SEALED Narrowly tailored to
Declaration confidential business
information.
258 Exhibit 26 to Platt SEALED Narrowly tailored to
Declaration confidential business
information.
258 Exhibit 27 to Platt SEALED Narrowly tailored to
Declaration confidential business
information.
258 Exhibit 28 to Platt SEALED Narrowly tailored to
Declaration confidential business
information.
258 Exhibit 29 to Platt SEALED Narrowly tailored to
Declaration confidential business
information.
258 Exhibit 30 to Platt SEALED Narrowly tailored to
Declaration confidential business
information.
258 Exhibit 31 to Platt SEALED Narrowly tailored to
Declaration confidential business
information.
258 Exhibit 32 to Platt SEALED Narrowly tailored to
Declaration confidential business
information.
258 Exhibit 33 to Platt SEALED Narrowly tailored to
Declaration confidential business
information.
258 Exhibit 34 to Platt UNSEALED No declaration in
Declaration support filed with the
court as required by
Civ. L.R. 79-5(e)(1).
258 Exhibit 35 to Platt SEALED Narrowly tailored to
Declaration confidential business
information.
258 Exhibit 38 to Platt SEALED Narrowly tailored to
Declaration confidential business
information.
258 Exhibit 39 to Platt SEALED Narrowly tailored to
Declaration confidential business
information.
258 Exhibit 40 to Platt SEALED Narrowly tailored to
Declaration confidential business
information.
258 Exhibit 41 to Platt SEALED Narrowly tailored to
Declaration confidential business
information.
258 Exhibit 42 to Platt SEALED Narrowly tailored to
Declaration confidential business
information.
258 Exhibit 44 to Platt SEALED Narrowly tailored to
Declaration confidential business
information.
258 Exhibit 46 to Platt SEALED Narrowly tailored to
Declaration confidential business
information.
258 Exhibit 47 to Platt UNSEALED Not narrowly tailored
Declaration to confidential
business information.
259 Exhibit 48 to Platt Docket No. 259-1 at ¶¶ 2-7 Only sealed portions
Declaration (portions relating to continuing narrowly tailored to
obligations for equipment, confidential business
payment and taxes) SEALED; information.
all other designations
UNSEALED.
259 Exhibit 49 to Platt SEALED Narrowly tailored to
Declaration confidential business
information.
259 Exhibit 50 to Platt SEALED Narrowly tailored to
Declaration confidential business
information.
259 Exhibit 51 to Platt SEALED Narrowly tailored to
Declaration confidential business
information.
259 Exhibit 52 to Platt UNSEALED No declaration in
Declaration support filed with the
court as required by
Civ. L.R. 79-5(e)(1).
259 Exhibit 53 to Platt UNSEALED Not narrowly tailored
Declaration to confidential
business information.
259 Exhibit 54 to Platt UNSEALED Not narrowly tailored
Declaration to confidential
business information.
259 Exhibit 58 to Platt Only specific dollar amounts Only sealed portions
Declaration SEALED; all other designations narrowly tailored to
UNSEALED. confidential business
information.
259 Exhibit 59 to Platt UNSEALED No declaration in
Declaration support filed with the
court as required by
Civ. L.R. 79-5(e)(1).
259 Exhibit 63 to Platt UNSEALED Not narrowly tailored
Declaration to confidential
business information.
259 Exhibit 67 to Platt UNSEALED No declaration in
Declaration support filed with the
court as required by
Civ. L.R. 79-5(e)(1).
259 Exhibit 68 to Platt UNSEALED No declaration in
Declaration support filed with the
court as required by
Civ. L.R. 79-5(e)(1).
259 Exhibit 69 to Platt Designations highlighted in Only sealed portions
Declaration yellow on pages 92, 94, 95 and narrowly tailored to
Tab 8 at Docket No. 259-33 confidential
SEALED; all other designations information as
UNSEALED. designated by
Defendants; for the
remainder, no
declaration in support
filed with the court as
required by Civ. L.R.
79-5(e)(1).
259 Exhibit 70 to Platt Docket No. 259-35 at ¶¶ 67, 74 Only sealed portions
Declaration and associated footnotes narrowly tailored to
SEALED; specific dollar confidential
amounts and percentages in information.
Docket No. 259-35 at ¶¶ 14-16,
56, 80, 84-85, 87-88, 90-91 and
Exs. A-K SEALED; all other
designations UNSEALED.
275 Corning's Opposition to Docket No. 275-3 at 27:17, Only sealed portions
Defendants' Motion for 27:22-28:3, 28:5-8, 28:11, 28:15, narrowly tailored to
Summary Judgment 28:17-22, 28:24-29:1, 29:14, confidential
29:18-19, 29:27-28, 32:21-22 information.
SEALED; all other designations
UNSEALED.
275 Exhibit B Docket No. 275-8 at 47:12-16, Only sealed portions
52:1-2, 55:1-57:2, 172:15-18, narrowly tailored to
173:21-24, 174:7-24, 175:3-20, confidential
176:3-178:13, 178:17-21, information.
182:12-183:25, 222:6-18, 223:4-15,
223:19-25 SEALED; all
other designations UNSEALED.
275 Exhibit D Docket No. 275-11 at 8:5-8, Only sealed portions
25:25-29:9, 29:21-37:21, 38:9-39:16, narrowly tailored to
39:21-25, 40:4-20, 40:22-41;2, confidential
41:14-16, 42:4-8, 42:12-15, information.
42:24-43:1, 43:4-44:10,
46:6-22, 46:24-47:3, 48:5-17,
49:7-11, 49:21-23, 50:2-51:3,
51:12-24, 52:12-15 SEALED; all
other designations UNSEALED.
275 Exhibit E UNSEALED No declaration in
support filed with the
court as required by
Civ. L.R. 79-5(e)(1).
275 Exhibit F SEALED Narrowly tailored to
confidential business
information.
275 Exhibit G SEALED Narrowly tailored to
confidential business
information.
275 Exhibit H SEALED Narrowly tailored to
confidential business
information.
275 Exhibit I SEALED Narrowly tailored to
confidential business
information.
275 Exhibit J SEALED Narrowly tailored to
confidential business
information.
275 Exhibit K SEALED Narrowly tailored to
confidential business
information.
275 Exhibit L SEALED Narrowly tailored to
confidential business
information.
275 Exhibit M Docket No. 275-32 at 7:16-40:23 Only sealed portions
SEALED; Docket No. 275-33 at narrowly tailored to
41:1-72:17 SEALED; all other confidential
designations UNSEALED. information.
275 Exhibit N UNSEALED No declaration in
support filed with the
court as required by
Civ. L.R. 79-5(e)(1).
275 Exhibit P Docket No. 275-38 at 16:4-7, Only sealed portions
16:12-17 SEALED; all other narrowly tailored to
designations UNSEALED. confidential
information.
275 Exhibit Q UNSEALED No declaration in
support filed with the
court as required by
Civ. L.R. 79-5(e)(1).
275 Exhibit R UNSEALED No declaration in
support filed with the
court as required by
Civ. L.R. 79-5(e)(1).
275 Exhibit S UNSEALED No declaration in
support filed with the
court as required by
Civ. L.R. 79-5(e)(1).
275 Exhibit T UNSEALED No declaration in
support filed with the
court as required by
Civ. L.R. 79-5(e)(1).
275 Exhibit U UNSEALED No declaration in
support filed with the
court as required by
Civ. L.R. 79-5(e)(1).
275 Exhibit V UNSEALED No declaration in
support filed with the
court as required by
Civ. L.R. 79-5(e)(1).
275 Exhibit W UNSEALED No declaration in
support filed with the
court as required by
Civ. L.R. 79-5(e)(1).
275 Exhibit X UNSEALED No delaration in
support filed with the
court as required by
Civ. L.R. 79-5(e)(1).
275 Exhibit Y Docket No. 275-61 at ¶¶ 34-35, Only sealed portions
67, 74 and associated footnotes narrowly tailored to
SEALED; specific dollar confidential
amounts and percentages in information.
Docket No. 275-61 at ¶¶ 14-16,
16, 56, 80, 84-85, 87-88, 90-91
SEALED; all other designations
UNSEALED.
275 Defendants' Reply in Designations highlighted in Only sealed portions
Support of Motion for yellow on pages 2:16 (second narrowly tailored to
Summary Judgment designation), 3, 11, 13, 14:3-4 at confidential
Docket No. 258-3 SEALED; all information.
other designations UNSEALED.
SO ORDERED.
FootNotes
1. Kamakana v. City & County of Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006) (quoting Nixon v. Warner Commc'ns, Inc., 435 U.S. 589, 597 & n. 7 (1978)).
2. Id. (quoting Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1135 (9th Cir. 2003)).
3. Id. at 1178-79.
4. Apple Inc. v. Samsung Electronics Co., Ltd., 727 F.3d 1214, 1228-29 (Fed. Cir. 2013).
5. See id. at 1180.
6. Id. at 1179 (internal quotations and citations omitted).
7. Id.
8. Phillips ex rel. Estates of Byrd v. Gen. Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002); see Fed. R. Civ. P. 26(c).
9. Beckman Indus., Inc. v. Int'l Ins. Co., 966 F.2d 470, 476 (9th Cir. 1992).
10. See Kamakana, 447 F.3d at 1179-80.
11. See Civ. L.R. 79-5(d)(1)(A) ("Reference to a stipulation or protective order that allows a party to designate certain documents as confidential is not sufficient to establish that a document, or portions thereof, are sealable.").
12. Civ. L.R. 79-5(b). In part, Civ. L.R. 79-5(d) requires the submitting party to attach a "proposed order that is narrowly tailored to seal only the sealable material" which "lists in table format each document or portion thereof that is sought to be sealed," Civ. L.R. 79-5(d)(1)(b), and an "unredacted version of the document" that indicates "by highlighting or other clear method, the portions of the document that have been omitted from the redacted version." Civ. L.R. 79-5(d)(1)(d).
13. Civ. L.R. 79-5(e)(1).
14. See Docket No. 240 at ¶ 5.
15. See Docket No. 240 at ¶ 5.
16. See Docket No. 257 at 2-4.
17. See Docket No. 257 at 2-4.
18. See Docket No. 257 at 2-4.
19. See Docket No. 257 at 2-4.
20. See Docket No. 257 at 4-5.