Filed: Mar. 24, 2014
Latest Update: Mar. 24, 2014
Summary: ORDER RE: MOTIONS TO SEAL (Re: Docket Nos. 298, 300, 307, 310, 329 336, 338, 349, 353) PAUL S. GREWAL, Magistrate Judge. Before the court are nine administrative motions to seal 44 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 r
Summary: ORDER RE: MOTIONS TO SEAL (Re: Docket Nos. 298, 300, 307, 310, 329 336, 338, 349, 353) PAUL S. GREWAL, Magistrate Judge. Before the court are nine administrative motions to seal 44 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 re..
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ORDER RE: MOTIONS TO SEAL
(Re: Docket Nos. 298, 300, 307, 310, 329 336, 338, 349, 353)
PAUL S. GREWAL, Magistrate Judge.
Before the court are nine administrative motions to seal 44 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 "heavy 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 courts rules on the instant motions as follows:
Motion Document to be Sealed Result Reason/Explanation
to Seal
298/300 Apple's Motion to Exclude SEALED Narrowly tailored to
the Opinions and confidential business
Testimony of Mr. Karl J. information
Schulze
298/300 Exhibit 1 to Teter UNSEALED Not narrowly tailored
Declaration ISO Apple's to confidential
Motion to Exclude the business information.
Opinions and Testimony of
Mr. Karl J. Schulze
298/300 Exhibit 5 to Teter UNSEALED Not narrowly tailored
Declaration ISO Apple's to confidential
Motion to Exclude the business information.
Opinions and Testimony of
Mr. Karl J. Schulze
298/300 Exhibit 6 to Teter UNSEALED Not narrowly tailored
Declaration ISO Apple's to confidential
Motion to Exclude the business information.
Opinions and Testimony of
Mr. Karl J. Schulze
298/300 Exhibit 7 to Teter UNSEALED Not narrowly tailored
Declaration ISO Apple's to confidential
Motion to Exclude the business information.
Opinions and Testimony of
Mr. Karl J. Schulze
298/300 Exhibit 8 to Teter UNSEALED Not narrowly tailored
Declaration ISO Apple's to confidential
Motion to Exclude the business information.
Opinions and Testimony of
Mr. Karl J. Schulze
298/300 Exhibit 9 to Teter UNSEALED Not narrowly tailored
Declaration ISO Apple's to confidential
Motion to Exclude the business information.
Opinions and Testimony of
Mr. Karl J. Schulze
298/300 Exhibit 10 to Teter UNSEALED Not narrowly tailored
Declaration ISO Apple's to confidential
Motion to Exclude the business information.
Opinions and Testimony of
Mr. Karl J. Schulze
298/300 Exhibit 11 to Teter UNSEALED Not narrowly tailored
Declaration ISO Apple's to confidential
Motion to Exclude the business information.
Opinions and Testimony of
Mr. Karl J. Schulze
298/300 Exhibit 12 to Teter UNSEALED Not narrowly tailored
Declaration ISO Apple's to confidential
Motion to Exclude the business information.
Opinions and Testimony of
Mr. Karl J. Schulze
298/300 Exhibit 13 to Timothy UNSEALED Not narrowly tailored
Teter declaration in to confidential
Support to Exclude business information.
Schulze's opinion
298/300 Exhibit 14 to Teter UNSEALED Not narrowly tailored
Declaration ISO Apple's to confidential
Motion to Exclude the business information.
Opinions and Testimony of
Mr. Karl J. Schulze
298/300 Exhibit 15 to Teter UNSEALED Declaration
Declaration ISO Apple's submitted indicating
Motion to Exclude the no redaction
Opinions and Testimony of necessary
Mr. Karl J. Schulze
298/300 Exhibit 16 to Teter SEALED as amended in Docket Narrowly tailored to
Declaration ISO Apple's No. 316 & 318 confidential business
Motion to Exclude the information
Opinions and Testimony of
Mr. Karl J. Schulze
298/300 Exhibit 18 to Teter SEALED as amended in Docket Narrowly tailored to
Declaration ISO Apple's No. 316 confidential business
Motion to Exclude the information
Opinions and Testimony of
Mr. Karl J. Schulze
298/300 Exhibit 20 to Teter UNSEALED Not narrowly tailored
Declaration ISO Apple's to confidential
Motion to Exclude the business information.
Opinions and Testimony of
Mr. Karl J. Schulze
298/300 Exhibit 21 to Teter UNSEALED No declaration filed
Declaration ISO Apple's
Motion to Exclude the
Opinions and Testimony of
Mr. Karl J. Schulze
298/300 Exhibit 23 to Teter UNSEALED No declaration filed
Declaration ISO Apple's
Motion to Exclude the
Opinions and Testimony of
Mr. Karl J. Schulze
307 Apple's Motion for Partial UNSEALED Not narrowly tailored
Summary Judgment of No to confidential
Pre-Suit Damages business information
307 Exhibit 1 to Mead SEALED Narrowly tailored to
Declaration ISO Apple's confidential business
Motion for Partial information
Summary Judgment of No
Pre-Suit Damages
307 Exhibit 2 to Mead SEALED Narrowly tailored to
Declaration ISO Apple's confidential business
Motion for Partial information
Summary Judgment of No
Pre-Suit Damages
307 Exhibit 4 to Mead UNSEALED Not narrowly tailored
Declaration ISO Apple's to confidential
Motion for Partial business information
Summary Judgment of No
Pre-Suit Damages
310 Apple's Motion for Pages 5-6 SEALED as redacted; Declaration only filed
Summary Judgment of No all else UNSEALED as to sealed portions,
Willfulness which are narrowly
confidential business
information.
310 Exhibit 1 to Teter UNSEALED No timely declaration
Declaration ISO Apple's filed
Motion for Summary
Judgment of No
Willfulness
310 Exhibit 5 to Teter UNSEALED No timely declaration
Declaration ISO Apple's filed
Motion for Summary
Judgment of No
Willfulness
310 Exhibit 6 to Teter UNSEALED No timely declaration
Declaration ISO Apple's filed
Motion for Summary
Judgment of No
Willfulness
310 Exhibit 7 to Teter SEALED as follows: paragraphs Sealed portions
Declaration ISO Apple's 77 & 96. words starting "In the reflect narrow
Motion for Summary Intel implementation"; tailoring to protect
Judgment of No paragraphs 76, 77, 95, & 96 confidential business
Willfulness information.
329 Apple's Reply ISO Motion SEALED as follows: 1:16-19, Declaration only filed
to Exclude the Opinions 5:21-6:11. as to sealed portions,
and Testimony of Mr. Karl All else UNSEALED which are narrowly
J. Schulze tailored to
confidential business
information.
329 Exhibit A to Teter SEALED Narrowly tailored to
Declaration ISO Apple's confidential business
Reply ISO Motion to information.
Exclude the Opinions and
Testimony of Mr. Karl J.
Schulze
329 Exhibit B to Teter UNSEALED Not narrowly tailored
Declaration ISO Apple's to confidential
Reply ISO Motion to business information.
Exclude the Opinions and
Testimony of Mr. Karl J.
Schulze
329 Exhibit C to Teter SEALED Narrowly tailored to
Declaration ISO Apple's confidential business
Reply ISO Motion to information.
Exclude the Opinions and
Testimony of Mr. Karl J.
Schulze
336 GBT's Opposition to SEALED Narrowly tailored to
Apple's Motion for confidential business
Summary Judgment of information
Noninfringement
336 Exhibit 1 to Huang SEALED as amended in Docket Narrowly tailored to
Declaration ISO GBT's No. 345, 346, & 348 confidential business
Opposition to Apple's information
Motion for Summary
Judgment of
Noninfringement
336 Exhibit 2 to Huang SEALED as amended in Docket Narrowly tailored to
Declaration ISO GBT's No. 345, 346, & 348 confidential business
Opposition to Apple's information
Motion for Summary
Judgment of
Noninfringement
336 Exhibit 4 to Huang SEALED as amended in Docket Narrowly tailored to
Declaration ISO GBT's No. 345, 346, & 348 confidential business
Opposition to Apple's information
Motion for Summary
Judgment of
Noninfringement
336 Exhibit 6 to Huang SEALED as amended in Docket Specifications in
Declaration ISO GBT's No. 348 Docket No. 348
Opposition to Apple's narrowly tailored to
Motion for Summary confidential business
Judgment of information;
Noninfringement remainder not
narrowly tailored to
confidential business
information.
336 Exhibit 7 to Huang SEALED as amended in Docket Narrowly tailored to
Declaration ISO GBT's No. 345, 346, & 348 confidential business
Opposition to Apple's information
Motion for Summary
Judgment of
Noninfringement
336 Exhibit 8 to Huang SEALED as amended in Docket Narrowly tailored to
Declaration ISO GBT's No. 345 & 346 confidential business
Opposition to Apple's information
Motion for Summary
Judgment of
Noninfringement
338 GBT's Opposition to SEALED as amended in Docket Narrowly tailored to
Apple's Motion for Partial No. 338-1 confidential business
Summary Judgment of No information
Pre-Suit Damages
338 Exhibit A to Irving UNSEALED Declaration
Declaration ISO GBT's submitted indicating
Opposition to Apple's no redaction
Motion for Partial necessary
Summary Judgment of No
Pre-Suit Damages
338 Exhibit B to Irving UNSEALED Declaration
Declaration ISO GBT's submitted indicating
Opposition to Apple's no redaction
Motion for Partial necessary
Summary Judgment of No
Pre-Suit Damages
338 Exhibit F to Irving SEALED as amended in Docket Narrowly tailored to
Declaration ISO GBT's No. 347 confidential business
Opposition to Apple's information
Motion for Partial
Summary Judgment of No
Pre-Suit Damages
349 Apple's Reply ISO Motion SEALED as follows: 2:10, 13: 2-3, Declaration only filed
for Partial Summary 7. as to sealed portions,
Judgment of No Pre-suit All else UNSEALED which are narrowly
Damages tailored to
confidential business
information.
353 Apple's Reply ISO Motion SEALED as amended in Docket Narrowly tailored to
for Summary Judgment of No. 359 confidential business
Noninfringement information
IT IS SO ORDERED.
FootNotes
1. Oliner v. Kontrabecki, 2014 DJDAR 3559 (9th Cir. 2014) (citing Kamakana v. City & County 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))).
2. Id. (quoting Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1135 (9th Cir. 2003)).
3. Id.
4. Apple Inc. v. Samsung Electronics Co., Ltd., 727 F.3d 1214, 1228-29 (Fed. Cir. 2013).
5. See id. at 1180.
6. Id. at 1179 (internal quotations and citations omitted).
7. Id.
8. 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).
9. Beckman Indus., Inc. v. Int'l Ins. Co., 966 F.2d 470, 476 (9th Cir. 1992).
10. See Kamakana, 447 F.3d at 1179-80.
11. 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.").
12. 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 "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." Civ. L.R. 79-5(d)(1)(d).
13. Civ. L.R. 79-5(e)(1). The Civil Local Rules have recently been amended shortening the time available to the designating party to file a supporting declaration from seven days to four days. As this rule change was only recently implemented the court applies the prior form of Civ. L.R. 79-5 for the purposes of this order.
