Filed: Jun. 16, 2015
Latest Update: Jun. 16, 2015
Summary: ORDER RE: MOTIONS TO SEAL (Re: Docket Nos. 100, 106, 115) PAUL S. GREWAL , Magistrate Judge . Before the court are three administrative motions to seal 31 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 dispo
Summary: ORDER RE: MOTIONS TO SEAL (Re: Docket Nos. 100, 106, 115) PAUL S. GREWAL , Magistrate Judge . Before the court are three administrative motions to seal 31 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 dispos..
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ORDER RE: MOTIONS TO SEAL (Re: Docket Nos. 100, 106, 115)
PAUL S. GREWAL, Magistrate Judge.
Before the court are three administrative motions to seal 31 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 court rules on the instant motions as follows:
Motion to Document to be Sealed Result Reason/Explanation
Seal
Docket No. Novadaq's Opposition to 4:10-15 and 14:16-19 Only sealed portions
100-3 Defendant's Motion for SEALED. All other narrowly tailored to
Protective Order Regarding highlighted designations confidential business
Dr. Storz UNSEALED. or trade secret
information.
Docket No. Exhibit 1 to the Foran UNSEALED. Not narrowly tailored
100-5 Declaration to confidential
business or trade
secret information.
Docket No. Exhibit 2 to the Foran UNSEALED. Not narrowly tailored
100-6 Declaration to confidential
business or trade
secret information.
Docket No. Exhibit 3 to the Foran UNSEALED. Not narrowly tailored
100-7 Declaration to confidential
business or trade
secret information.
Docket No. Exhibit 4 to the Foran UNSEALED. Not narrowly tailored
100-8 Declaration to confidential
business or trade
secret information.
Docket No. Exhibit 5 to the Foran SEALED. Narrowly tailored to
100-9 Declaration confidential business
or trade secret
information.
Docket No. Exhibit 6 to the Foran UNSEALED. Not narrowly tailored
100-10 Declaration to confidential
business or trade
secret information.
Docket No. Exhibit 7 to the Foran UNSEALED. Not narrowly tailored
100-11 Declaration to confidential
business or trade
secret information.
Docket No. Exhibit 8 to the Foran UNSEALED. Not narrowly tailored
100-12 Declaration to confidential
business or trade
secret information.
Docket No. Exhibit 9 to the Foran UNSEALED. Not narrowly tailored
100-13 Declaration to confidential
business or trade
secret information.
Docket No. Exhibit 10 to the Foran UNSEALED. Not narrowly tailored
100-14 Declaration to confidential
business or trade
secret information.
Docket No. Exhibit 11 to the Foran UNSEALED. Not narrowly tailored
100-15 Declaration to confidential
business or trade
secret information.
Docket No. Exhibit 12 to the Foran UNSEALED. Not narrowly tailored
100-16 Declaration to confidential
business or trade
secret information.
Docket No. Exhibit 13 to the Foran UNSEALED. Not narrowly tailored
100-17 Declaration to confidential
business or trade
secret information.
Docket No. Exhibit 17 to the Foran UNSEALED. No declaration in
100-18 Declaration support filed with the
court as required by
Civ. L.R. 79-5(e)(1).
Docket No. Exhibit 18 to the Foran UNSEALED. No declaration in
100-19 Declaration support filed with the
court as required by
Civ. L.R. 79-5(e)(1).
Docket No. Exhibit 19 to the Foran UNSEALED. No declaration in
100-20 Declaration support filed with the
court as required by
Civ. L.R. 79-5(e)(1).
Docket No. Exhibit 20 to the Foran UNSEALED. Not narrowly tailored
100-21 Declaration to confidential
business or trade
secret information.
Docket No. Exhibit 21 to the Foran UNSEALED. Not narrowly tailored
100-22 Declaration to confidential
business or trade
secret information.
Docket No. Exhibit 22 to the Foran UNSEALED. Not narrowly tailored
100-23 Declaration to confidential
business or trade
secret information.
Docket No. Exhibit 23 to the Foran UNSEALED. Not narrowly tailored
100-24 Declaration to confidential
business or trade
secret information.
Docket No. Exhibit 24 to the Foran UNSEALED. Not narrowly tailored
100-25 Declaration to confidential
business or trade
secret information.
Docket No. Exhibit 25 to the Foran SEALED. Narrowly tailored to
100-26 Declaration confidential business
or trade secret
information.
Docket No. Exhibit 26 to the Foran UNSEALED. Not narrowly tailored
100-27 Declaration to confidential
business or trade
secret information.
Docket No. Exhibit 28 to the Foran UNSEALED. Not narrowly tailored
100-29 Declaration to confidential
business or trade
secret information.
Docket No. Exhibit 29 to the Foran Doc. 1, Doc. 2., Doc. 3. and Only sealed portions
100-30 Declaration Doc. 4 SEALED. All other narrowly tailored to
portions UNSEALED. confidential business
or trade secret
information.
Docket No. Novadaq's Opposition to UNSEALED. No declaration in
106-5 Karl Storz's Motion for support filed with the
Leave To File Its Amended court as required by
Answer and Counterclaims Civ. L.R. 79-5(e)(1).
Docket No. Exhibit 4 to the Foran UNSEALED. No declaration in
106-7 Declaration support filed with the
court as required by
Civ. L.R. 79-5(e)(1).
Docket No. Exhibit 6 to the Foran UNSEALED. No declaration in
106-8 Declaration support filed with the
court as required by
Civ. L.R. 79-5(e)(1).
Docket No. Karl Storz's Reply in Designations highlighted in Narrowly tailored to
115-2 Support of Motion for yellow SEALED. confidential business
Leave to File its Amended information.
Answer and Counterclaims
Docket No. Exhibit B to the Welsh SEALED. Narrowly tailored to
115-3 Declaration confidential business
information.
Within seven days, the designating party may file a more narrowly tailored motion to file under seal. Pursuant to Civ. L.R. 79-5, a proposed order must contain a chart specifically showing what the party seeks to seal. An unredacted version must contain highlighting showing the court what the designating party seeks to seal within that document.
SO ORDERED.