Filed: Apr. 30, 2018
Latest Update: Apr. 30, 2018
Summary: OMNIBUS ORDER RE: SEALING MOTIONS [Re: ECF 208, 210, 216, 218, 233, 235, 237, 239, 249, 252, 256] BETH LABSON FREEMAN , District Judge . Before the Court are the parties' administrative motions to file under seal portions of their briefing and exhibits in connection with the parties' motions for summary judgment and Daubert motions. ECF 208, 210, 216, 218, 233, 235, 237, 239, 249, 252, 256. For the reasons stated below, the motions are GRANTED IN PART AND DENIED IN PART without prejudice.
Summary: OMNIBUS ORDER RE: SEALING MOTIONS [Re: ECF 208, 210, 216, 218, 233, 235, 237, 239, 249, 252, 256] BETH LABSON FREEMAN , District Judge . Before the Court are the parties' administrative motions to file under seal portions of their briefing and exhibits in connection with the parties' motions for summary judgment and Daubert motions. ECF 208, 210, 216, 218, 233, 235, 237, 239, 249, 252, 256. For the reasons stated below, the motions are GRANTED IN PART AND DENIED IN PART without prejudice. ..
More
OMNIBUS ORDER RE: SEALING MOTIONS [Re: ECF 208, 210, 216, 218, 233, 235, 237, 239, 249, 252, 256]
BETH LABSON FREEMAN, District Judge.
Before the Court are the parties' administrative motions to file under seal portions of their briefing and exhibits in connection with the parties' motions for summary judgment and Daubert motions. ECF 208, 210, 216, 218, 233, 235, 237, 239, 249, 252, 256. For the reasons stated below, the motions are GRANTED IN PART AND DENIED IN PART without prejudice.
I. LEGAL STANDARD
"Historically, courts have recognized a `general right to inspect and copy public records and documents, including judicial records and documents.'" Kamakana v. City & Cty. 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)). Accordingly, when considering a sealing request, "a `strong presumption in favor of access' is the starting point." Id. (quoting Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1135 (9th Cir. 2003)). Parties seeking to seal judicial records relating to motions that are "more than tangentially related to the underlying cause of action" bear the burden of overcoming the presumption with "compelling reasons" that outweigh the general history of access and the public policies favoring disclosure. Ctr. for Auto Safety v. Chrysler Grp., 809 F.3d 1092, 1099 (9th Cir. 2016); Kamakana, 447 F.3d at 1178-79.
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." Apple Inc. v. Samsung Elecs. Co., Ltd., 727 F.3d 1214, 1228-29 (Fed. Cir. 2013). 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. Ctr. for Auto Safety, 809 F.3d at 1099; see also Kamakana, 447 F.3d at 1179 ("[T]he public has less of a need for access to court records attached only to non-dispositive motions because those documents are often unrelated, or only tangentially related, to the underlying cause of action."). Parties moving to seal the documents attached to such motions must meet the lower "good cause" standard of Rule 26(c). Kamakana, 447 F.3d at 1179 (internal quotations and citations omitted). This standard requires a "particularized showing," id., that "specific prejudice or harm will result" if the information is disclosed. 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). "Broad allegations of harm, unsubstantiated by specific examples of articulated reasoning" will not suffice. Beckman Indus., Inc. v. Int'l Ins. Co., 966 F.2d 470, 476 (9th Cir. 1992). A protective order sealing the documents during discovery may reflect the court's previous determination that good cause exists to keep the documents sealed, see Kamakana, 447 F.3d at 1179-80, 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. 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.").
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)." 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). "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." Civ. L.R. 79-5(e)(1).
II. DISCUSSION
The Court has reviewed Arista Networks, Inc. ("Arista") and Cisco Systems, Inc.'s ("Cisco") sealing motions and the declarations of the designating parties submitted in support. The Court finds that the parties have articulated compelling reasons to seal certain portions of the submitted documents. While the proposed redactions are, for the most part, narrowly tailored, some are not. The Court's rulings on the sealing requests are set forth in the tables below.
A. ECF 208
ECF Document to be Sealed: Result Reasoning
No.
208-6 Exhibit A: GRANTED. The parties' confidential
December 18, 2017, information is discussed
Expert Report of Fiona throughout the document. Seddon
Scott Morton, Ph.D. Decl. at ECF 208-1 ¶ 2.
Disclosure of such information
would harm Cisco's competitive
standing. Id.
208-7 Exhibit B: GRANTED as to 58:18-59:2. Contains highly confidential and
Transcript from the DENIED as to the sensitive information relating to
February 15, 2018, remainder. Arista. Disclosure of such
deposition of Dr. Scott information would cause
Morton. competitive harm to Arista.
Nelson Decl. at ECF 226 ¶ 3. The
remainder is denied because Arista
has not indicated that those
portions of this document contain
confidential information.
208-10 Exhibit E: GRANTED. Contains highly confidential and
Correspondence sensitive information relating to
produced by Arista. Arista. Disclosure of such
information would cause
competitive harm to Arista.
Nelson Decl. at ECF 226 ¶ 4.
208-12 Exhibit G: GRANTED. Contains highly confidential and
February 2, 2018, Expert sensitive information relating to
Report of Dennis Carlton the parties' financial information.
Disclosure of such information
would cause competitive harm to
the parties. Seddon Decl. at ECF
208-1 ¶ 2; Nelson Decl. at ECF
226 ¶ 5.
208-13 Exhibit H: DENIED. Arista, the designating party, does
Transcript from the June not represent that the exhibit
30, 2016, deposition of should be sealed. Seddon Decl. at
Dr. John R. Black. ECF 208-1 ¶ 6; Nelson Decl. at
ECF 226 ¶ 6.
208-4 Cisco's Daubert Motion DENIED without Proposed redactions are not
to Exclude the Expert prejudice. narrowly tailored.
Opinion of Fiona Scott
Morton, Ph.D.
B. ECF 210
ECF Document to be Result Reasoning
No. Sealed:
210-4 Plaintiff Arista GRANTED as to Contains highly confidential and
Networks, Inc.'s highlighted sensitive information relating to Cisco's
Almeroth Daubert portions at page 4, internal development strategies,
Motion lines 10-14. disclosure of such information would
DENIED as to the cause competitive harm to Cisco.
remainder. Seddon Decl. at ECF 227 ¶ 18.
The remainder is denied because Cisco,
the designating party, does not represent
that the remaining portions should be
sealed. Seddon Decl. at ECF 227 ¶ 18;
Nelson Decl. at ECF 210-1 ¶¶ 3-4.
210-6 Plaintiff Arista GRANTED as to Contains highly confidential and
Networks, Inc.'s highlighted sensitive information relating to Cisco's
Carlton Daubert portions at "the internal development strategies,
Motion Record Evidence" disclosure of such information would
column of the cause competitive harm to Cisco.
table on pages 8 Seddon Decl. at ECF 227 ¶ 19.
and 9. DENIED
as to the The remainder is denied because Cisco,
remainder. the designating party, does not represent
that the remaining portions should be
sealed. Seddon Decl. at ECF 227 ¶ 19;
Nelson Decl. at ECF 210-1 ¶¶ 3-4.
210-8 Plaintiff Arista GRANTED as to Contains highly confidential and
Networks, Inc.'s highlighted sensitive information relating to Cisco's
Motion for Partial portions at page financial information and investment
Summary Judgment 12, lines 24-27, strategies, disclosure of such information
page 14, lines 22, would cause competitive harm to Cisco.
page 15, lines 5 Seddon Decl. at ECF 227 ¶ 20.
and 7, and page 15
lines 10-11. The remainder is denied because Cisco,
DENIED as to the the designating party, does not represent
remainder. that the remaining portions should be
sealed. Seddon Decl. at ECF 227 ¶ 20;
Nelson Decl. at ECF 210-1 ¶¶ 3-4.
210-9, Exhibits 1, 14 to GRANTED. Contains highly confidential and
- 21 Declaration sensitive information relating to the
of William P. Nelson parties' financial information. Disclosure
in Support of Arista's of such information would cause
Daubert Motions to competitive harm to the parties. Nelson
Strike Expert Opinion Decl. at ECF 210-1 ¶ 4; Seddon Decl. at
and Testimony from ECF 208-1 ¶ 2;
Cisco's Experts and
Motion for Partial
Summary Judgment
210-10, Exhibits 2, 4-13, 17 to GRANTED as to Contains highly confidential and
-11 to Declaration of Exhibits 2, 4-10, sensitive information relating to Cisco's
- 20, William P. Nelson in 17. GRANTED as financial information and internal
- 21 Support of Arista's to 214:16-215:25 development strategies, disclosure of
Daubert Motions to in Exhibit 13. such information would cause
Strike Expert Opinion DENIED as to the competitive harm to Cisco. Seddon
and Testimony from remainder of Decl. at ECF 227 ¶¶ 5-12, 16-17.
Cisco's Experts and Exhibit 13, and
Motion for Partial Exhibits 11 and Cisco, the designating party, does not
Summary Judgment 12. represent that Exhibits 11 and 12 and
portions other than 214:16-215:25 of
Exhibit 13 should be sealed. Seddon
Decl. at ECF 227 ¶¶ 13-15; Nelson Decl.
at ECF 210-1 ¶¶ 3-4.
C. ECF 216
ECF Document to be Result Reasoning
No. Sealed:
216-10 Exhibit E: DENIED. Arista, the designating party, does not
Transcript from the represent that any portion of the exhibit
February 20, 2018, should be sealed. Nelson Decl. at ECF
deposition of Dr. 226 ¶ 8; Seddon Decl. at ECF 216-1 ¶¶
Black. 2-3.
216-4 Cisco's Daubert DENIED. Arista, the designating party, does not
Motion as to Dr. Black represent that any portion of the
document should be sealed. Nelson
Decl. at ECF 226 ¶ 9; Seddon Decl. at
ECF 216-1 ¶¶ 2-3.
218-7 Exhibit A1: Excerpts GRANTED as to Contains highly confidential and sensitive
from the transcript from portions at information relating to Arista's financial
the February 15, 2018, 105:13-23, and customer information. Disclosure of
deposition of Dr. Scott 107:6-13, 162:5-164:6. such information would cause competitive
Morton. harm to Arista. Nelson Decl. at ECF 226
¶ 11.
The remainder is denied because Arista,
the designating party, does not represent
that the remaining portions should be
sealed. Nelson Decl. at ECF 226 ¶ 11;
Seddon Decl. at ECF 218-1 ¶ 2.
218-8 Exhibit A2: Excerpts DENIED. Arista, the designating party, does not
from the transcript from represent that any portion of the document
the February 20, 2018, should be sealed. Nelson Decl. at ECF
deposition of Dr. John 226 ¶ 12.
R. Black.
218-11 Exhibit A5: Final CLI GRANTED. The exhibits contains a confidential
Agreement between settlement terms between Cisco and third-party,
Huawei and Cisco in Huawei Technologies, Co. Seddon
Cisco Sys., Inc. v. Decl. at ECF 218-1 ¶ 4.
Huawei Techs., Co.
218-12 Exhibit A6: Excerpts GRANTED. Contains highly confidential and sensitive
from the December 18, information relating to the parties'
2017, Expert Report of internal strategies and financial and
Fiona Scott Morton, customer information. Disclosure of such
Ph.D. information would cause competitive
harm to the parties. Nelson Decl. at ECF
226 ¶ 13; Seddon Decl. at ECF 218-1 ¶ 5.
218-16 Exhibit A10: March 1, GRANTED. The parties' confidential information is
2018 Declaration of discussed throughout the document,
Dennis W. Carlton and disclosure of would cause competitive
attached Exhibit A. harm to the parties. Nelson Decl. at ECF
226 ¶ 14; Seddon Decl. at ECF 218-1 ¶ 6.
219-1 Exhibit A11: Excerpts GRANTED as to Contains highly confidential and sensitive
from the transcript from 341:2-342:2; information relating to Arista's financial
the February 12, 2016, 343:4-6; 344:8-345:4; and customer information. Disclosure of
deposition of Kenneth 361:25-363:16. such information would cause competitive
Duda. harm to Arista. Nelson Decl. at ECF 226
DENIED as to ¶ 15.
the remainder.
The remainder is denied because Arista,
the designating party, does not represent
that the remaining portions should be
sealed. Nelson Decl. at ECF 226 ¶ 15.
Exhibit A12: Excerpts GRANTED as to Contains highly confidential and sensitive
219-2 from the transcript from 201:23-203:12; information relating to Arista's internal
the February 25, 2016, 206:10-12; personnel decisions. Disclosure of such
deposition of Jayshree 374:3-9. information would cause competitive
Ullal. DENIED as to harm to Arista. Nelson Decl. at ECF 226
the remainder. ¶ 16.
The remainder is denied because Arista,
the designating party, does not represent
that the remaining portions should be
sealed. Nelson Decl. at ECF 226 ¶ 16.
219-48 Exhibit A28: Exhibit GRANTED. Contains highly confidential and sensitive
192 to the November information relating to Cisco's
17, 2017, deposition of communication with a supplier, disclosure
Mark Chandler. of would cause competitive harm to
Cisco. Seddon Decl. at ECF 218-1 ¶ 9.
220-10 Exhibit A50: Document GRANTED. Contains highly confidential and sensitive
produced by Cisco, information relating to Cisco's internal
bearing the production communications regarding strategies
number CSI-ANI-00744973. regarding litigation. Seddon Decl. at ECF
218-1 ¶ 10.
220-11 Exhibit A51: Document GRANTED. Contains highly confidential and sensitive
produced by Cisco, with information relating to Cisco's internal
production number CSI-ANI-00744973, communications regarding strategies
email regarding litigation. Seddon Decl. at ECF
from Cisco executive 218-1 ¶ 11.
and two attachments.
220-13 Exhibit A53: Excerpts GRANTED. Contains highly confidential and sensitive
from the transcript from information relating to Arista's customers
the November 7, 2017, and financial data, disclosure of which
deposition of Anshul would cause competitive harm to Arista.
Sadana. Nelson Decl. at ECF 226 ¶ 17.
220-15 Exhibit A54: Arista's GRANTED as to Contains highly confidential and sensitive
November 9, 2017 Fifth highlighted information relating to Arista's customers
Supplemental Response portions. and financial data, disclosure of which
to Cisco's First Set of would cause competitive harm to Arista.
Interrogatories. Nelson Decl. at ECF 226 ¶ 18.
220-18 Exhibit A57: Excerpts GRANTED. Contains highly sensitive information
from the transcript from relating to Arista's confidential
the October 23, 2017, interactions with specific customers,
deposition of Mark disclosure of which would cause
Foss. competitive harm to Arista. Nelson Decl.
at ECF 226 ¶ 19.
220-24 Exhibit A63: Excerpts GRANTED. Contains highly sensitive information
from the transcript from relating to Cisco's confidential business
the November 3, 2017, and sales strategies, disclosure of which
deposition of Frank would cause competitive harm to Cisco.
Palumbo. Seddon Decl. at ECF 218-1 ¶ 15.
220-25 Exhibit A64: Excerpts DENIED. Arista, the designating party, does not
from the transcript from represent that any portion of the document
the June 30, 2016, should be sealed. Nelson Decl. at ECF
deposition of John 226 ¶ 12.
Black.
220-29 Exhibit A68: Chart DENIED. Arista, the designating party, does not
summarizing data represent that any portion of the document
contained within a large should be sealed. Nelson Decl. at ECF
spreadsheet produced 226 ¶ 12.
by Arista in this
litigation as
ARISTA923_10000212.
220-30 Exhibit A69: Excerpts GRANTED. Contains highly sensitive information
from the transcript from relating to Arista's confidential
the December 1, 2017, manufacturing capacity and capabilities,
deposition of disclosure of which would cause
Christophe Metivier. competitive harm to Arista. Nelson Decl.
at ECF 226 ¶ 22.
220-31 Exhibit A70: Excerpts GRANTED. Contains highly sensitive information
from the transcript from relating to Arista's confidential internal
the November 16, 2017, evaluations of its sales and business
deposition of Ita performances, disclosure of which would
Brennan. cause competitive harm to Arista. Nelson
Decl. at ECF 226 ¶ 23.
220-32 Exhibit A73: Exhibit GRANTED. Contains highly sensitive information
1267 to the November relating to Arista's confidential internal
29, 2017, deposition of business communications with its clients
Kevin McCabe. and potential sales opportunities,
disclosure of which would cause
competitive harm to Arista. Nelson Decl.
at ECF 226 ¶ 24.
218-4 Cisco's Motion for GRANTED as to The proposed redacted portions at page 4,
Summary Judgment highlighted lines 22-23; page 5, lines 13-14; page 6,
portions. lines 4-6; page 9, lines 1-2; page 11, line
4; page 11, line 6; page 11, line 14-15;
page 11, lines 15-16; page 12, lines 5-6;
page 13, lines 26-27; page 16, lines 23-24;
page 19, lines 12-13; page 19, line 24;
page 20, lines 7-9; page 21, lines 17-19;
page 21, lines 24-25; page 22, line 13;
page 22, lines 17-19; page 22, lines 20-21;
page 22, lines 24-26; page 24, line 13;
page 24, line 14; and page 24, line 18
contains highly confidential and sensitive
information relating to the parties'
internal strategy and customer
information. Disclosure of such
information would cause competitive
harm to the parties. Seddon Decl. at ECF
218-1 ¶ 21; Nelson Decl. at ECF 226 ¶
10.
E. ECF 233
ECF Document to be Result Reasoning
No. Sealed:
233-5 Exhibit A: GRANTED. Contains highly confidential and sensitive
Transcript excerpts information relating to Cisco's internal
from the February documents, business and competitive
16, 2018 deposition strategies, and private business
of Dr. Dennis communications, disclosure of which
Carlton. would cause competitive harm to Cisco.
Leary Decl. at ECF 233-1 ¶ 2.
233-6 Exhibit B: DENIED. Arista, the designating party, does not
Transcript excerpts represent that any portion of the document
from the February should be sealed. Nelson Decl. at ECF
15, 2018 deposition 246 ¶ 3.
of Dr. Scott Morton.
233-4 Cisco's Opposition DENIED. Arista, the designating party, does not
to Arista's Motion to represent that any portion of the document
Strike Expert should be sealed. Nelson Decl. at ECF
Opinion and 246 ¶ 3; see also Leary Decl. at ECF 233-1
Preclude Testimony ¶¶ 3-4.
of Dr. Dennis
Carlton, filed March
28, 2018
235-6 Exhibit B: The GRANTED. The parties' confidential information is
March 1, 2018, discussed throughout the document.
Declaration of Seddon Decl. at ECF 235-1 ¶ 2.
Dennis W. Carlton Disclosure of such information would
and excerpts from harm Cisco's competitive standing. Id.
attached expert
report.
235-14 Exhibit N: Excerpts GRANTED. Contains highly confidential and sensitive
from the transcript information relating to Cisco's internal
from the October 24, communications on strategy and customer
2017 deposition of requirements, disclosure of which would
Cesar Obediente. cause competitive harm to Cisco. Seddon
Decl. at ECF 235-1 ¶ 3.
235-15 Exhibit O: Excerpts GRANTED. Contains highly confidential and sensitive
from the transcript information relating to Cisco's internal
from the August 4, communications on strategy and customer
2015 deposition of requirements, disclosure of which would
Cesar Obediente. cause competitive harm to Cisco. Seddon
Decl. at ECF 235-1 ¶ 3.
235-19 Exhibit AA: GRANTED. Contains highly sensitive information
Excerpts from the relating to Cisco's confidential
transcript from the competitive market analysis, internal
October 20, 2017, organization, and process for creating
deposition of Frank marketing collateral, disclosure of which
D'Agostino. would cause competitive harm to Cisco.
Seddon Decl. at ECF 235-1 ¶ 4.
235-7 Exhibit E: Excerpts GRANTED. Contains highly confidential and sensitive
from the transcript information relating to Arista's internal
from the February strategy, training, and financial data,
25, 2016 deposition disclosure of which would cause
of Jayshree Ullal. competitive harm to Arista. Nelson Decl.
at ECF 246 ¶ 6.
235-8, Exhibits G, H, L: DENIED. Arista, the designating party, does not
-9, -12 Figures and data represent that any portion of the document
underlying the should be sealed. Nelson Decl. at ECF
December 18, 2017, 246 ¶¶ 7, 8, 11.
Expert Report of
Fiona M. Scott
Morton, Ph.D.
("Scott Morton
Report").
235-13 Exhibit M: Tables DENIED. Arista, the designating party, does not
comparing per-port represent that any portion of the document
prices of Ethernet should be sealed. Nelson Decl. at ECF
switches based on 246 ¶ 12.
235-10 Exhibit J: Chart DENIED. Arista, the designating party, does not
summarizing data represent that any portion of the document
contained within a should be sealed. Nelson Decl. at ECF
large spreadsheet 246 ¶ 9.
produced by Arista
in this litigation as
ARISTA923_10000
212.
235-11 Exhibit K: Excerpts GRANTED. Contains highly confidential and sensitive
from the transcript information relating to Arista's products,
from the November strategy, manufacturers, and financial
7, 2017, deposition data, disclosure of which would cause
of Anshul Sadana. competitive harm to Arista. Nelson Decl.
at ECF 246 ¶ 10.
235-16 Exhibit U: Excerpts GRANTED. Contains highly sensitive information
from the transcript relating to Arista's confidential sales and
from the February 4, customer service strategies, disclosure of
2016, deposition of which would cause competitive harm to
Mark Foss. Arista. Nelson Decl. at ECF 246 ¶ 13.
235-17 Exhibit Y: Excerpts DENIED. Arista, the designating party, does not
from the transcript represent that any portion of the document
from the February should be sealed. Nelson Decl. at ECF
15, 2018, deposition 246 ¶ 14.
of Dr. Scott Morton.
235-18 Exhibit Z: Excerpts GRANTED. Contains highly confidential and sensitive
from the transcript information relating to Arista's
from the December manufacturing capacity and capabilities,
1, 2017, deposition disclosure of which would cause
of Christophe competitive harm to Arista. Nelson Decl.
Metivier. at ECF 246 ¶ 15.
235-20 Exhibit AB: The GRANTED as to Contains highly confidential and sensitive
March 27, 2018, paragraphs 116, information relating to Arista's internal
Declaration of Kevin 123, 135, and strategy and customers and sales
C. Almeroth and 152, including information. Disclosure of such
excerpts from footnote 253. information would cause competitive
attached expert DENIED as to the harm to Arista. Nelson Decl. at ECF 246
report. remainder. ¶ 16.
The remainder is denied because Arista,
the designating party, does not represent
that the remaining portions should be
sealed. Nelson Decl. at ECF 245 ¶ 16;
see also Seddon Decl. at ECF 235-1 ¶ 9.
235-21 Exhibit AC: Arista GRANTED. Contains highly sensitive information
daily inventory file. relating to Arista's confidential internal
inventory file, disclosure of which would
cause competitive harm to Arista. Nelson
Decl. at ECF 246 ¶ 17.
235-4 Cisco's Opposition GRANTED as to Contains highly confidential and sensitive
to Arista's Motion page 8, lines 13-15; information relating to Arista's internal
for Partial Summary page 9, lines strategy, manufacturing capacity and
Judgment 3-11; page 17, capabilities, and customers. Disclosure of
line 27; page 21, such information would cause competitive
lines 5-7; page harm to Arista. Nelson Decl. at ECF 246
22, line 19; page ¶ 18.
24, line 6; page
24, line 23 The remainder is denied because Arista,
through page 25, the designating party, does not represent
line 3. DENIED that the remaining portions should be
as to the sealed. Nelson Decl. at ECF 245 ¶ 18;
remainder. see also Seddon Decl. at ECF 235-1 ¶ 11.
G. ECF 237
ECF Document to be Result Reasoning
No. Sealed:
237-5 Exhibit A1: Excerpts DENIED. Arista, the designating party, does not
from the June 3, represent that any portion of the document
2016 Expert Report should be sealed. Nelson Decl. at ECF
of John Black. 246 ¶ 19.
237-6 Exhibit B: Excerpts DENIED. Arista, the designating party, does not
from the February 2, represent that any portion of the document
2018 Expert Report should be sealed. Nelson Decl. at ECF
of Kevin C. 246 ¶ 20.
Almeroth.
237-8 Exhibit C: Excerpts GRANTED as to The proposed redacted portions contain
from the transcript page 214, lines Cisco's confidential communication
from the deposition 18-22; page 215, between Cisco and a licensor of
of Kevin C. lines 14-17. intellectual property concerning potential
Almeroth, dated litigation. Disclosure of such information
February 9, 2018. would cause harm to Cisco's relationship
with the licensor and third-parties.
Seddon Decl. at ECF 237-1 ¶ 4.
237-9 Exhibit D: Arista' GRANTED. Contains highly sensitive information
response to Cisco's relating to Cisco's confidential and
Interrogatory Nos. 1 internal competitive assessments,
and 2. disclosure of which would cause
competitive harm to Cisco. Seddon Decl.
at ECF 237-1 ¶ 5.
237-10 Exhibit E: Arista's DENIED. Arista, the designating party, does not
response to Cisco's represent that any portion of the document
Interrogatory No. should be sealed. Nelson Decl. at ECF
12. 246 ¶ 22.
H. ECF 239
ECF Document to be Result Reasoning
No. Sealed:
239-8 Plaintiff Arista DENIED. Cisco, the designating party, does not
Networks, Inc.'s represent that any portion of the document
Response to Black should be sealed. Seddon Decl. at ECF
Daubert 239-1 ¶ 21.
239-6 Plaintiff Arista GRANTED as to Contains highly confidential and sensitive
Networks, Inc.'s hirelating portions information relating to the parties'
Opposition to Scott at 7:18-19 and internal strategies and sales information,
Morton Daubert 8:17-18. disclosure of which would cause
DENIED as to the competitive harm to the parties. Nelson
remainder. Decl. at ECF 239-1 ¶ 4; Seddon Decl. at
ECF 237-1 ¶ 22.
The remainder is denied because neither
party represents that sealing is necessary.
239-4 Plaintiff Arista GRANTED as to Contains highly confidential and sensitive
Networks, Inc.'s highlighted information relating to Arista's products,
Opposition to portions at pages customers, and financial data as well as
Cisco's Motion for 2-5, 18, 19, and Cisco's internal competitive strategies,
Summary Judgment 23. DENIED as disclosure of which would cause
to the remainder. competitive harm to the parties. Nelson
Decl. at ECF 239-1 ¶ 4; Seddon Decl. at
ECF 247 ¶ 23.
The remainder is denied because neither
party represents that sealing is necessary.
239-26, Exhibits 27 and 28 GRANTED. Contains highly confidential and sensitive
- 27 information relating to Arista's products,
customers, and financial data, disclosure
of which would cause competitive harm
to Arista. Nelson Decl. at ECF 239-1 ¶ 4.
239-9 Exhibit 1 GRANTED. Contains highly confidential and sensitive
information relating to Arista's products
and Cisco's confidential source code and
discussion of confidential third-party
source code, disclosure of which would
cause competitive harm to Cisco. Nelson
Decl. at ECF 239-1 ¶ 4; Seddon Decl. at
ECF 247 ¶ 4.
239-10, Exhibits 3 and 5 DENIED. Cisco, the designating party, does not
- 11 represent that any portion of the document
should be sealed. Seddon Decl. at ECF
239-1 ¶¶ 5, 6.
239-12 8-14, 16, 18-23 GRANTED. Contains highly sensitive information
to -18, relating to Cisco's confidential business
-19, - strategies, internal employee evaluation,
20 to -25 product design strategies, and
communications with customers.
Disclosure of such information would
cause competitive harm to Cisco. Seddon
Decl. at ECF 247 ¶¶ 7-17.
239-28, Exhibit 31 and 32 DENIED. Cisco, the designating party, does not
- 29 represent that any portion of the document
should be sealed. Seddon Decl. at ECF
239-1 ¶ 17.
239-30 Exhibit 33 GRANTED. Contains highly sensitive information
relating to Cisco's confidential internal
competitive analyses, disclosure of which
would cause competitive harm to Cisco.
Seddon Decl. at ECF 247 ¶¶ 20.
I. ECF 249
ECF Document to be Result Reasoning
No. Sealed:
249-5 Exhibit F: Excerpts DENIED. Arista, the designating party, does not
from the transcript represent that any portion of the document
of the February 20, should be sealed. Nelson Decl. at ECF
2018, deposition of 260 ¶ 3.
John R. Black, Jr.
249-6 Exhibit G: Excerpts GRANTED. Contains highly sensitive information
from the transcript relating to Arista's confidential
of the November 7, communication with its customers,
2017, deposition of disclosure of which would cause
Anshul Sadana. competitive harm to Arista. Nelson Decl.
at ECF 260 ¶ 4.
249-7 Exhibit H: Excerpts GRANTED as to Contains highly sensitive information
from the page 114, lines 9-22. relating to Arista's confidential details
transcript of the DENIED as regarding a customer, disclosure of which
October 23, to the remainder. would cause competitive harm to Arista.
2017, deposition of Nelson Decl. at ECF 260 ¶ 5.
Mark Foss.
The remainder is denied because Arista,
the designating party, does not represent
that the remaining portions should be
sealed. Nelson Decl. at ECF 260 ¶ 5.
249-9 Exhibit J: Excerpts GRANTED. Contains highly confidential and sensitive
from the February 2, information relating to Arista's internal
2018 Expert Report strategy, training and financial data,
of Dr. Kevin C. disclosure of which would cause
Almeroth. competitive harm to Arista. Nelson Decl.
at ECF 260 ¶ 6.
249-4 Cisco's Reply in DENIED. Arista, the designating party, does not
Support of its represent that any portion of the document
Daubert Motion to should be sealed. Nelson Decl. at ECF
Exclude the Expert 260 ¶ 7.
Opinion of John R.
Black, Jr.
J. ECF 252
ECF Document to be Result Reasoning
No. Sealed:
252-4 Plaintiff Arista GRANTED as to Contains highly confidential and sensitive
Networks, Inc.'s highlighted information relating to Cisco's internal
Reply to Carlton portions at page strategy command-line interface
Daubert 5. development, disclosure of which would
cause competitive harm to Cisco. Findlay
Decl. at ECF 259 ¶ 8.
252-6 Plaintiff Arista GRANTED as to Contains highly confidential and sensitive
Networks, Inc.'s highlighted information relating to Arista's products
Reply to Motion for portions at 7:7-9; and Cisco's internal business strategies
Partial Summary 7:11-12; 13:26-28; and investments, disclosure of which
Judgment 14:2-4; would cause competitive harm to the
14:15. parties. Nelson Decl. at ECF 252-1 ¶ 4;
DENIED as to the Findlay Decl. at ECF 259 ¶ 9.
remainder.
The remainder is denied because neither
party has provided reasons in support of
sealing other portions of the document.
See Nelson Decl. at ECF 252-1 ¶ 4;
Findlay Decl. at ECF 259 ¶ 9.
252-7, Exhibits 19, 20, and GRANTED. Contains highly confidential and sensitive
-8 -11 25 information relating to Cisco's internal
business strategies and customer
requirements, disclosure of which would
cause competitive harm to Cisco. Findlay
Decl. at ECF 259 ¶¶ 4-5.
252-10 Exhibits 24 GRANTED as to Contains highly sensitive information
pages 16-19. relating to details on Cisco's customers,
DENIED as to the disclosure of which would cause
remainder. competitive harm to Cisco. Findlay Decl.
at ECF 259 ¶ 6.
The remainder is denied because Arista,
the designating party, does not represent
that the remaining portions should be
sealed. Findlay Decl. at ECF 259 ¶ 6.
252-12 Exhibit 26 DENIED. Cisco, the designating party, does not
represent that any portion of the document
should be sealed. Findlay Decl. at ECF
259 ¶ 7.
252-9 Exhibit 21 GRANTED. Contains highly confidential and sensitive
information relating to Arista's products
and customers, disclosure of which would
cause competitive harm to Arista. Nelson
Decl. at ECF 252-1 ¶ 4.
K. ECF 256
ECF Document to be Result Reasoning
No. Sealed:
256-5 Exhibit A75: GRANTED. Contains highly sensitive information
Excerpts from relating to Cisco's confidential
the transcript from discussions of its business strategies and
the November 17, internal policy making strategies,
2017 disclosure of which would cause
deposition of Mark competitive harm to Cisco. Leary Decl. at
Chandler. ECF 256-1 ¶ 3.
256-6 Exhibit A76: GRANTED. Contains highly sensitive information
Document relating to Cisco's confidential internal
produced by Cisco, product analysis and product design
bearing strategies, disclosure of which would
the production cause competitive harm to Cisco. Leary
number CSICPT-00004206. Decl. at ECF 256-1 ¶ 4.
256-7 Exhibit A77: DENIED. Arista, the designating party, does not
Excerpts from represent that any portion of the document
the transcript from should be sealed. Nelson Decl. at ECF
the February 15, 260 ¶ 8.
2018 deposition
of Dr. Morton.
256-8 Exhibit A78: GRANTED. Contains highly confidential and sensitive
Excerpts from the information relating to Arista's internal
transcript from the strategy, training and financial data,
February 25, 2016 disclosure of which would cause
deposition competitive harm to Arista. Nelson Decl.
of Jayshree Ullal. at ECF 260 ¶ 9.
256-4 Cisco's Reply in GRANTED as to Contains highly confidential and sensitive
Support of page 2, lines 25-26; information relating to Arista's new
its Motion for page 3, customers and R&D allocation and
Summary line 1; page 11, Cisco's internal business strategies,
Judgment lines 7-8; disclosure of which would cause
page 13, lines 7-10; competitive harm to the parties. Nelson
page 14, Decl. at ECF 260 ¶ 10; Findlay Decl. at
line 28-page 15, ECF 259 ¶¶ 3, 8.
line 1.
III. ORDER
For the foregoing reasons, the sealing motions at ECF 208, 210, 216, 218, 233, 235, 237, 239, 249, 252, and 256 are GRANTED IN PART and DENIED IN PART without prejudice. In particular, the Court DENIED without prejudice Cisco' request to file under seal its Daubert Motion to Exclude the Expert Opinion of Fiona Scott Morton, Ph.D. because the proposed redactions were not narrowly tailored (ECF 208). Cisco may renew its motion and seek more narrowly tailored redactions. Any such redactions shall be proposed by May 4, 2018.
Under Civil Local Rule 79-5(e)(2), for any request that has been denied because the party designating a document as confidential or subject to a protective order has not provided sufficient reasons to seal, the submitting party must file the unredacted (or lesser redacted) documents into the public record no earlier than 4 days and no later than 10 days form the filing of this order.
IT IS SO ORDERED.
