Filed: May 24, 2018
Latest Update: May 24, 2018
Summary: ORDER ON ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL Re: Dkt. No. 374 SUSAN VAN KEULEN , Magistrate Judge . Before the Court is Defendants' Administrative Motion to File Documents Under Seal (ECF 374) ("Motion") and the Declaration of Lai Yip submitted by Plaintiff in support of the Motion (ECF 386). The Motion concerns certain documents provided by Plaintiff during discovery and submitted to the Court in connection with the parties' Joint Statement for Determination of Defendants'
Summary: ORDER ON ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL Re: Dkt. No. 374 SUSAN VAN KEULEN , Magistrate Judge . Before the Court is Defendants' Administrative Motion to File Documents Under Seal (ECF 374) ("Motion") and the Declaration of Lai Yip submitted by Plaintiff in support of the Motion (ECF 386). The Motion concerns certain documents provided by Plaintiff during discovery and submitted to the Court in connection with the parties' Joint Statement for Determination of Defendants' D..
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ORDER ON ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL
Re: Dkt. No. 374
SUSAN VAN KEULEN, Magistrate Judge.
Before the Court is Defendants' Administrative Motion to File Documents Under Seal (ECF 374) ("Motion") and the Declaration of Lai Yip submitted by Plaintiff in support of the Motion (ECF 386). The Motion concerns certain documents provided by Plaintiff during discovery and submitted to the Court in connection with the parties' Joint Statement for Determination of Defendants' Discovery Dispute re Plaintiff's Privilege Claims (ECF 375).
Courts recognize a "general right to inspect and copy public records and documents, including judicial records and documents." Kamakana v. City & Cnty. Of Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006) (quoting Nixon v. Warner Communs., Inc., 435 U.S. 589, 597 & n.7 (1978)). A request to seal court records therefore starts with a "strong presumption in favor of access." Kamakana, 447 F.3d at 1178 (quoting Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1135 (9th Cir. 2003)). The standard for overcoming the presumption of public access to court records depends on the purpose for which the records are filed with the court. A party seeking to seal court records relating to motions that are "more than tangentially related to the underlying cause of action" must demonstrate "compelling reasons" that support secrecy. Ctr. For Auto Safety v. Chrysler Grp., 809 F.3d 1092, 1099 (9th Cir. 2016). For records attached to motions that re "not related, or only tangentially related, to the merits of the case," the lower "good cause" standard of Rule 26(c) applies. Id.; see also Kamakana, 447 F.3d at 1179. A party moving to seal court records must also comply with the procedures established by Civil Local Rule 79-5.
Here, the "good cause" standard applies because the information sought to be sealed was submitted to the Court in connection with a discovery dispute, rather than a motion that concerns the merits of the case. Having considered the Motion, the Declaration of Lai Yip in support thereof, and the pleadings on file, and good cause appearing, the Motion is hereby GRANTED.
IT IS HEREBY ORDERED that the following materials should be sealed and that counsel for Defendants may file the following materials under seal:
Exhibit Text to be Sealed Basis for Sealing Portion of Document(s)
Exhibit A: Plaintiff's Exhibit A in its The information contains descriptions of
first supplemental entirety information redacted from Plaintiff's confidential
privilege log served documents, including Plaintiff's confidential and
on May 17, 2018 competitively sensitive board minutes and
marketing strategy documents.
Exhibit B: Plaintiff's Exhibit B in its The information contains descriptions of
original privilege log entirety information redacted from Plaintiff's confidential
served on May 1, documents, including Plaintiff's confidential and
2018 competitively sensitive board minutes and
marketing strategy documents.
Exhibits C through Exhibits C The information contains Plaintiff's confidential
E: Marketing activity through E in their and competitively sensitive marketing strategy
summaries dated entirety since December 2016.
March 10, 2017,
October 19, 2017,
and March 7, 2018
Exhibits F through Exhibits F The information constitutes Plaintiff's confidential
K: The Minutes of through K in their and competitively sensitive board minutes.
the Sixth, Seventh, entirety
Twentieth, Twenty-first,
Twenty-fifth,
and Twenty-sixth
meetings since
expansion of the
Board of Directors of
Newmark Realty
Capital, Inc.
(collectively, "Board
Minutes").
SO ORDERED.
