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M.A. Mobile Ltd. v. Indian Institute of Technology Kharagpur, C-08-02658-RMW (HRL). (2014)

Court: District Court, N.D. California Number: infdco20140407575 Visitors: 9
Filed: Apr. 04, 2014
Latest Update: Apr. 04, 2014
Summary: ORDER RE: ADMINISTRATIVE MOTIONS TO SEAL RONALD M. WHYTE, District Judge. Before the court are three administrative motions to seal eight documents. Parties moving to seal documents attached to non-dispositive motions must meet the "good cause" standard of Federal Rule of Civil Procedure 26(c). Kamakana v. City and Cty. of Honolulu, 447 F.3d 1172, 1179 (9th Cir. 2006). As with dispositive motions, the standard applicable to nondispositive motions requires a "particularized showing," id., t
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ORDER RE: ADMINISTRATIVE MOTIONS TO SEAL

RONALD M. WHYTE, District Judge.

Before the court are three administrative motions to seal eight documents. Parties moving to seal documents attached to non-dispositive motions must meet the "good cause" standard of Federal Rule of Civil Procedure 26(c). Kamakana v. City and Cty. of Honolulu, 447 F.3d 1172, 1179 (9th Cir. 2006). As with dispositive motions, the standard applicable to nondispositive motions 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).

Pursuant to Rule 26(c), a trial court has broad discretion to permit sealing of court documents for, inter alia, the protection of "a trade secret or other confidential research, development, or commercial information." Fed. R. Civ. P. 26(c)(1)(G). 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) (requiring 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," and an "unreadacted 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."). "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).

With these standards in mind, the courts rules on the instant motions as follows.

Motion Document to be Sealed Ruling Reason/Explanation to Seal 460 Portions of plaintiff's client GRANTED Narrowly tailored to file. attorney-client communications. 460 Defendants' Privilege Log DENIED Contains no confidential information. 472 Exhibits 4, 7, 12, and 16: GRANTED Narrowly tailored to Portions of plaintiff's client attorney-client file communications and attorney work product. 472 Portions of Defendants' GRANTED Narrowly tailored to Brief in Opposition to attorney-client Plaintiffs' Motion For communications and Reconsideration Of Order attorney work product. Denying Motion To Disqualify Orrick 481 Confidential Settlement GRANTED Narrowly tailored to Agreement between Mr. confidential business Kenville and Ms. Farhang. information.

IT IS SO ORDERED.

Source:  Leagle

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