Filed: Nov. 20, 2014
Latest Update: Nov. 20, 2014
Summary: ORDER RE: MOTIONS TO SEAL (Re: Docket Nos. 3054, 3055, 3125, 3126, 3127) PAUL S. GREWAL, Magistrate Judge. Before the court are two motions to stay and three administrative motions to seal 43 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
Summary: ORDER RE: MOTIONS TO SEAL (Re: Docket Nos. 3054, 3055, 3125, 3126, 3127) PAUL S. GREWAL, Magistrate Judge. Before the court are two motions to stay and three administrative motions to seal 43 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 ..
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ORDER RE: MOTIONS TO SEAL
(Re: Docket Nos. 3054, 3055, 3125, 3126, 3127)
PAUL S. GREWAL, Magistrate Judge.
Before the court are two motions to stay and three administrative motions to seal 43 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 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
Docket No. Exhibit 5 to the DENIED as moot. See Docket No. 3055
3054, Declaration of Joseph ruling.
Motion to Mueller in Support of
Stay Order Apple's Administrative
at Docket Motion to File
No. 3041 re Documents Under Seal
Docket No.
2374
Docket No. Exhibit 5 to the 2: 35-36; 3:1-2; portions Narrowly tailored to
3055, Declaration of Joseph highlighted in yellow confidential business
Motion for Mueller in Support of SEALED. information.
Clarification Apple's Administrative
of Order at Motion to File
Docket No. Documents Under Seal
3041 re
Docket No.
2374
Docket No. Documents unsealed by DENIED as moot. See Docket No. 3128
3125, Docket No. 3113. ruling at Docket No.
Motion for 3217.
Stay of
Docket No.
3113 Order
Docket Nos. Exhibit E to 9/6/2013 Portions highlighted in yellow Narrowly tailored to
2395-03; Declaration of Thomas D. SEALED. confidential business
3126-2 Pease in Support of information.
Samsung's Opposition to
Apple Inc.'s Motion to
Compel Further
Discovery and for
Sanctions for Violations
of Protective Order
Docket Nos. Exhibit 10 to 10/21/2013 2, ¶4:1-2; portions highlighted Narrowly tailored to
2557-16; Declaration of Mark in yellow SEALED. confidential business
3126-3 Selwyn in Support of information.
Apple Inc.'s
Supplemental Brief in
Support of its Motion for
Sanctions (8/16/2013
Letter from Robert
Becher to William F. Lee)
Docket Nos. Samsung's Supplemental 4:16-17; portions highlighted Narrowly tailored to
2556-03; Brief in Support of in yellow SEALED. confidential business
3126-4 Opposition to Apple information.
Inc.'s Motion to Compel
Further Discovery and for
Sanctions for Violations
of Protective Order dated
10/21/2013
Docket Nos. 10/20/2013 Declaration 5:8-12; portions highlighted in Narrowly tailored to
2556-14; of Kenneth Korea in yellow SEALED. confidential business
3126-5 Support of Samsung's information.
Opposition to Apple
Inc.'s Motion to Compel
Further Discovery and for
Sanctions for Violations
of Protective Order
Docket Nos. Exhibit 4 to 10/20/2013 5; portions highlighted in Narrowly tailored to
2556-14; Declaration of Kenneth yellow SEALED. confidential business
3126-5 Korea in Support of information.
Samsung's Opposition to
Apple Inc.'s Motion to
Compel Further
Discovery and for
Sanctions for Violations
of Protective Order
Docket Nos. Exhibit 5 to 10/20/2013 1, ¶¶2, 3, fn. 1 portions Narrowly tailored to
2556-14; Declaration of Kenneth highlighted in yellow confidential business
3126-5 Korea in Support of SEALED. information.
Samsung's Opposition to
Apple Inc.'s Motion to
Compel Further
Discovery and for
Sanctions for Violations
of Protective Order
Docket Nos. Exhibit 2 to 10/21/2013 80:16-25, 81:10-14, 82:15-16, Narrowly tailored to
2557-08; Declaration of Mark 172:10-11, 172:16-25, confidential business
3126-6 Selwyn in Support of 173:8-13, 173:16-18, 174:5-7, information.
Apple Inc.'s 174:9-13; portions highlighted
Supplemental Brief in in yellow SEALED.
Support of its Motion for
Sanctions (10/17/2013
Deposition Transcript of
SeungHo Ahn)
Docket Nos. Exhibit 3 to 10/21/2013 203:25-204:8, 206:20-21, Narrowly tailored to
2557-09; Declaration of Mark 207:6-8, 207:22-208:9, confidential business
3126-7 Selwyn in Support of 210:11-20; portions information.
Apple Inc.'s highlighted in yellow
Supplemental Brief in SEALED.
Support of its Motion for
Sanctions (10/17/2013
Deposition Transcript of
Ken Korea)
Docket Nos. Exhibit 6 to 10/21/2013 29, from "Yet" to "Nokia" in Narrowly tailored to
2557-12; Declaration of Mark penultimate paragraph; confidential business
3126-8 Selwyn in Support of portions highlighted in yellow information.
Apple Inc.'s SEALED.
Supplemental Brief in
Support of its Motion for
Sanctions (Excerpt of
Samsung's Initial
Submission in Response
to the Commission's
March 13, 2013 Notice on
Remedy and the Public
Interest at 29)
Docket Nos. Exhibit 8 to 10/21/2013 168:1-5, 168:18-19; portions Narrowly tailored to
2557-14; Declaration of Mark highlighted in yellow confidential business
3126-9 Selwyn in Support of SEALED. information.
Apple Inc.'s
Supplemental Brief in
Support of its Motion for
Sanctions (10/15/2013
Deposition Transcript of
Seongwoo (Clayton)
Kim)
Docket Nos. Exhibit 9 to 10/21/2013 61:4-7; portions highlighted in Narrowly tailored to
2557-15; Declaration of Mark yellow SEALED. confidential business
3126-10 Selwyn in Support of information.
Apple Inc.'s
Supplemental Brief in
Support of its Motion for
Sanctions (10/18/2013
Deposition Transcript of
Jin Hwan Kwak)
Docket Nos. Nokia Corporation's 5:25-6:5, 6:13-14, 6:17-19, Narrowly tailored to
2836-04; Brief in Support of 18:21-25; portions highlighted confidential business
3126-11 Sanctions against in yellow SEALED. information.
Samsung Electronics Co.,
Ltd. and Quinn Emanuel
Urquhart & Sullivan
dated 12/2/2013
Docket Nos. Exhibit 39 to 12/2/13 Portions highlighted in yellow Narrowly tailored to
2835-06; Declaration of Robert J. SEALED. confidential business
3126-12 Becher in Support of information.
Samsung's Response to
November 8, 2013 Order
to Show Cause Why
Sanctions are Not
Warranted
Docket Nos. Exhibit 1 to December 2, Portions highlighted in yellow Narrowly tailored to
2836-06; 2013 Declaration of Ryan SEALED. confidential business
3126-13 W. Koppelman in information.
Support of Nokia
Corporation's Brief in
Support of Sanctions
Against Samsung
Electronics Co., Ltd. and
Quinn Emanuel Urquhart
& Sullivan
Docket Nos. Exhibit 23 to 94:3-8, 94:12-96:8, 96:16-97:4, Narrowly tailored to
3126-14; Declaration of Mark 97:10-98:7, 98:12-21, confidential business
2838-07 Selwyn in Support of 99:21-25, 153:19-21, information.
Apple Inc.'s Brief 153:6-153:14, 153:24-154:12,
Regarding Appropriate 156:25-157:4; portions
Sanctions for Samsung's highlighted in yellow
Protective Order SEALED.
Violations (11/25/2013
Deposition Transcript of
Paul Melin)
Docket Nos. Exhibit 5 to December 2, 54:12-20; portions highlighted Narrowly tailored to
2836-10; 2013 Declaration of Ryan in yellow SEALED. confidential business
3126-15 W. Koppelman in information.
Support of Nokia
Corporation's Brief in
Support of Sanctions
Against Samsung
Electronics Co., Ltd. and
Quinn Emanuel Urquhart
& Sullivan
Docket Nos. Exhibit 26 to Declaration 42:6-7, 54:12-20; portions Narrowly tailored to
2836-10; of Mark Selwyn in highlighted in yellow confidential business
3126-16 Support of Apple Inc.'s SEALED. information.
Brief Regarding
Appropriate Sanctions for
Samsung's Protective
Order Violations
(11/25/2013 Deposition
Transcript of Eeva
Hakoranta)
Docket Nos. Apple Inc.'s Brief 12:4-11, 13:5, 8, 11-21, Narrowly tailored to
2838-03; Regarding Appropriate 14:5-6; portions highlighted in confidential business
3126-17 Sanctions for Samsung's yellow SEALED. information.
Protective Order
Violations dated
12/2/2013
Docket Nos. Samsung's Opposition to Portions highlighted in yellow Narrowly tailored to
2395; 3127-3 Apple's Motion to SEALED. confidential business
Compel Further information.
Discovery and for
Sanctions
Docket Nos. Pease Declaration ISO Portions highlighted in yellow Narrowly tailored to
2395; 3127-4 Samsung's Opposition to SEALED. confidential business
Apple's Motion to information.
Compel Further
Discovery and for
Sanctions
Docket Nos. Exhibit A to the Pease Portions highlighted in yellow Narrowly tailored to
2395; 3127-5 Declaration ISO SEALED. confidential business
Samsung's Opposition to information.
Apple's Motion to
Compel Further
Discovery and for
Sanctions Infringement
Contention
Docket Nos. Exhibit D to the Pease Portions highlighted in yellow Narrowly tailored to
2395; 3127-6 Declaration ISO SEALED. confidential business
Samsung's information.
Opposition to Apple's
Motion to Compel
Further Discovery and
for Sanctions
Docket Nos. Exhibit E to the Pease Portions highlighted in yellow Narrowly tailored to
2395; 3127-7 Declaration ISO SEALED. confidential business
Samsung's Opposition to information.
Apple's Motion to
Compel Further
Discovery and for
Sanctions
Docket Nos. Exhibit 2 of the Selwyn 82:18-83:5; 163:16-17, 21-23 Only sealed portions
2557; 3127-8 Declaration ISO Apple 166:1-5, 18, 25; 167:6; narrowly tailored to
Inc.'s Supplemental Brief portions highlighted in yellow confidential business
in Support of Its Motion SEALED; 215 index information.
for Sanctions highlights SEALED except
"102:6:7" UNSEALED.
Docket Nos. Exhibit 3 of the Selwyn 203:25-204:3; 206:20-21; Narrowly tailored to
2557; 3127-9 Declaration ISO Apple 207:6-8, 25; 208:7; 210:12, confidential business
Inc.'s Supplemental Brief 19; 339 index; portions information.
in Support of Its Motion highlighted in yellow
for Sanctions SEALED.
Docket Nos. Exhibit 9 of the Selwyn 61:5-7; 159:5-7; portions Only sealed portions
2557; Declaration ISO Apple highlighted in yellow narrowly tailored to
3127-10 Inc.'s Supplemental Brief SEALED; 225-226 index confidential business
in Support of Its Motion highlights SEALED except information.
for Sanctions "103:5:19" UNSEALED.
Docket Nos. Exhibit 10 of the Selwyn Portions highlighted in yellow Narrowly tailored to
2557; Declaration ISO Apple SEALED. confidential business
3127-11 Inc.'s Supplemental Brief information.
in Support of Its Motion
for Sanctions
Docket Nos. Exhibit 15 of the Portions highlighted in yellow Narrowly tailored to
2558; Koppelman Declaration SEALED. confidential business
3127-12 ISO Nokia's Ex-Parte information.
Administrative Motion to
File Documents Under
Seal
Docket Nos. Samsung's Motion for Portions highlighted in yellow Narrowly tailored to
2610; Leave to Take Discovery SEALED. confidential business
3127-13 information.
Docket Nos. Samsung's Response to 16:17-17:3; 17:7-9; portions Narrowly tailored to
2835; November 8, 2013 Order highlighted in yellow confidential business
3127-14 to Show Cause Why SEALED. information.
Sanctions are Not
Warranted
Docket Nos. Exhibit 39 of the Becher 96:24-97:4; 174:24-175:1; Narrowly tailored to
3127; Declaration ISO 175:5-6, 12-13; portions confidential business
2835-15 Samsung's Response to highlighted in yellow information.
November 2, 2013 Order SEALED.
to Show Cause Why
Sanctions are Not
Warranted
Docket Nos. Nokia's Brief ISO 6:2-5, 13-14; 18:12-19, 21-25; Narrowly tailored to
2836; Sanctions Against portions highlighted in yellow confidential business
3127-16; Samsung and Quinn SEALED. information.
Emmanuel
Docket Nos. Exhibit 1 of the 53:12-13; 54: 7-9; 72:10-14; Narrowly tailored to
2836; Koppelman Declaration 73:19-24; 96:24-97:4; confidential business
3127-17 ISO Nokia's Brief portions highlighted in yellow information.
ISO Sanctions Against SEALED.
Samsung and Quinn
Emmanuel
Docket Nos. Apple's Brief Regarding 12:9-11, 13-16; 13:5, 7-8, 12, Narrowly tailored to
2838; Appropriate Sanctions for 21; 14:5-8; portions confidential business
3127-18 Samsung's Protective highlighted in yellow information.
Order Violations SEALED.
Docket Nos. Exhibit 22 to Selwyn 38:11-12, 14-15; 38:22-39:21; Narrowly tailored to
2838; Declaration ISO Apple's 40:21-41:2; portions confidential business
3127-19 Brief Regarding highlighted in yellow information.
Appropriate Sanctions for SEALED.
Samsung's Protective
Order Violations
Docket Nos. Exhibit 23 to Selwyn 45:25; 53:12-13; 54: 7-9; Narrowly tailored to
2838; Declaration ISO Apple's 72:10-14; 73:19-24; 80:17-18; confidential business
3127-20 Brief Regarding 96:24-97:4; 154:1, 8-12; information.
Appropriate Sanctions for 157:2; 174:24-175:1; 175:5-6,
Samsung's Protective 12-13; 246:24; 247:1-10, 15-Order
Violations 16, 18-21, 24-25; 248:1-7;
249:14-19; 250:13-19; 251:11-20,
22-23; 252:2-13; 12, 39
index highlights; portions
highlighted in yellow
SEALED.
Docket Nos. Exhibit 25 to Selwyn Portions highlighted in yellow Narrowly tailored to
2838; Declaration ISO Apple's SEALED. confidential business
3127-21 Brief Regarding information.
Appropriate Sanctions for
Samsung's Protective
Order Violations
Docket Nos. Exhibit 26 to Selwyn 58:6-7, 15, 22; 59:4, 9, 10, Narrowly tailored to
2838; Declaration ISO Apple's 13-17, 19-20, 22-23; 60:1; 13 confidential business
3127-22 Brief Regarding index highlights; portions information.
Appropriate Sanctions for highlighted in yellow
Samsung's Protective SEALED.
Order Violations
Docket Nos. Nokia's Supplemental 4:16-17, 19; 5:6-7, 22-24; Narrowly tailored to
2872; Brief portions highlighted in yellow confidential business
3127-23 SEALED. information.
Docket Nos. Samsung's Supplemental In addition to the portions Narrowly tailored to
2556-3; Brief in Support of already sealed by the confidential business
3127 Opposition to Apple Court: 4:25-26 (the portion of information.
Inc.'s Motion to Compel the sentence that follows
"stated that he understood
that"); 5:10-14 SEALED.
Docket Nos. Declaration of SeungHo In addition to the portions Narrowly tailored to
2556-8; Ahn already sealed by the confidential business
3127 Court: 4:24 SEALED. information.
SO ORDERED.
