Filed: Aug. 17, 2016
Latest Update: Aug. 17, 2016
Summary: OMNIBUS ORDER REGARDING SEALING MOTIONS [Re: ECF 689, 695, 698] 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 their post-trial briefing. ECF 689, 695, and 698. For the reasons stated below, the motions are GRANTED. I. LEGAL STANDARD "Historically, courts have recognized a `general right to inspect and copy public records and documents, including judicial records
Summary: OMNIBUS ORDER REGARDING SEALING MOTIONS [Re: ECF 689, 695, 698] 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 their post-trial briefing. ECF 689, 695, and 698. For the reasons stated below, the motions are GRANTED. I. LEGAL STANDARD "Historically, courts have recognized a `general right to inspect and copy public records and documents, including judicial records ..
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OMNIBUS ORDER REGARDING SEALING MOTIONS
[Re: ECF 689, 695, 698]
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 their post-trial briefing. ECF 689, 695, and 698. For the reasons stated below, the motions are GRANTED.
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 and Cnty. 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)). Consequently, access to motions and their attachments that are "more than tangentially related to the merits of a case" may be sealed only upon a showing of "compelling reasons" for sealing. Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 1101-02 (9th Cir. 2016). Filings that are only tangentially related to the merits may be sealed upon a lesser showing of "good cause." Id. at 1097.
In addition, sealing motions filed in this district must be "narrowly tailored to seek sealing only of sealable material." Civil L.R. 79-5(b). A party moving to seal a document in whole or in part must file a declaration establishing that the identified material is "sealable." 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." Id.
II. DISCUSSION
The Court has reviewed the parties' sealing motions and respective declarations in support thereof. The Court finds the parties have articulated compelling reasons to seal the submitted documents. The proposed redactions are also narrowly tailored. The Court's rulings on the sealing request are set forth in the tables below:
A. ECF 689
Identification of Documents Description of Documents Court's Order
to be Sealed
Finisar's Renewed Motion for Quotes to and references GRANTED
JMOL Pursuant to 50(b) and below exhibits
Motion for New Trial Pursuant
to 59(a)
Exhibit A Contains confidential and GRANTED
proprietary technical details
regarding Nistica's products,
including citations, quotations,
discussion, and figures taken
from Nistica documents
Exhibits B and C Confidential and proprietary GRANTED
technical details regarding
Nistica's and Finisar's
products that could cause
significant competitive harm to
Finisar and Nistica if disclosed
to the public
Exhibits D and E Simulated image Nistica GRANTED
claims was generated through
use of confidential and
proprietary technical models
representing Nistica's products
Exhibit G This exhibit cites to, describes, GRANTED
and attaches as exhibits
screenshots generated through
use of confidential and
proprietary technical models
B. ECF 695
Identification of Documents Description of Documents Court's Order
to be Sealed
Opposition to Finisar's Contain confidential GRANTED
Renewed Motion for JMOL information about Nistica's
Pursuant to 50(b) and Motion confidential, trade secret, and
for New Trial Pursuant to proprietary product
59(a) information relating to its
accused products, development
projects, and engineering
practices.
Exhibits 1-4 Contains confidential GRANTED
information about Nistica's
confidential, trade secret, and
proprietary product
information relating to its
accused products, development
projects, and engineering
practices.
C. ECF 698
Identification of Documents Description of Documents Court's Order
to be Sealed
Reply to Finisar's Renewed Quotes from, and cites sealed GRANTED
Motion for JMOL Pursuant to trial testimony concerning
50(b) and Motion for New Nistica's confidential and
Trial Pursuant to 59(a) proprietary technical
information
Exhibit K Describes, quotes from, and GRANTED
cites Nistica's technical
documents. Disclosure of this
information could expose
Nistica's confidential and
proprietary technical
information and other
competitively sensitive
information to the public,
potentially resulting in
significant competitive harm to
Nistica
III. ORDER
For the foregoing reasons, the sealing motions at ECF 689, 695, and 698 are GRANTED.
IT IS SO ORDERED.
