Filed: Nov. 19, 2014
Latest Update: Nov. 19, 2014
Summary: OMBNIBUS ORDER RE: MOTIONS TO SEAL (Re: Docket Nos. 68, 69, 70 & 109) PAUL S. GREWAL, Magistrate Judge. Before the court are two administrative motions to seal several 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 relatin
Summary: OMBNIBUS ORDER RE: MOTIONS TO SEAL (Re: Docket Nos. 68, 69, 70 & 109) PAUL S. GREWAL, Magistrate Judge. Before the court are two administrative motions to seal several 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..
More
OMBNIBUS ORDER RE: MOTIONS TO SEAL (Re: Docket Nos. 68, 69, 70 & 109)
PAUL S. GREWAL, Magistrate Judge.
Before the court are two administrative motions to seal several 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
to Seal
68 Finjan's Motion for Leave Designations highlighted in Sealed portions
to Supplement yellow at Docket No. 68-4 narrowly tailored to
infringement Contentions SEALED per declaration at proprietary and
Docket No. 73. confidential technical
and business
information.
69 Exhibit 1 Appendixes A through F at Sealed portions
(Docket Nos. 69-4 through 69-19 narrowly tailored to
SEALED in their entirety per proprietary and
declaration at Docket No. 73. confidential technical
and business
information.
69 Exhibit 9 UNSEALED Not narrowly
tailored. The exhibit
includes greetings,
pleasantries, and
scheduling
arrangements that are
not sealable. The
parties are free to
seek reconsideration
by more narrowly
tailoring their
designations within
four days.
70 Exhibit 13 Docket Nos. 70-7 through 70-15 Sealed portions
SEALED in their entirety per narrowly tailored to
declaration at Docket No. 73. proprietary and
confidential technical
and business
information.
70 Exhibit 15 Docket Nos. 70-21 through 70- Sealed portions
26 SEALED in their entirety per narrowly tailored to
declaration at Docket No. 73. proprietary and
confidential technical
and business
information.
109 Notice of Motion and UNSEALED No declaration in
Second Motion to Compel support filed with the
Discovery court as required by
Civ. L.R. 79-5(e)(1).
109 Declaration of Benu Wells UNSEALED No declaration in
support filed with the
court as required by
Civ. L.R. 79-5(e)(1).
109 Exhibit B Designations redacted at Docket Sealed portions
No. 112-1 SEALED per narrowly tailored to
declaration at Docket No. 112. proprietary and
confidential technical
and business
information.
109 Exhibit G Exhibit G at Docket No. 109-8 Sealed portions
SEALED in its entirety per narrowly tailored to
declaration at Docket No. 112. proprietary and
confidential technical
and business
information.
109 Exhibit K Exhibit K at Docket No. 109-8 Sealed portions
SEALED in its entirety per narrowly tailored to
declaration at Docket Nol. 112. proprietary and
confidential technical
and business
information.
109 Exhibit L Exhibit L at Docket No. 109-8 Sealed portions
SEALED in its entirety per narrowly tailored to
declaration at Docket No. 112. proprietary and
confidential technical
and bisiness
information.
SO ORDERED.