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SENTIUS INTERNATIONAL, LLC v. MICROSOFT CORPORATION, 5:13-cv-00825-PSG. (2015)

Court: District Court, N.D. California Number: infdco20150120955
Filed: Jan. 15, 2015
Latest Update: Jan. 15, 2015
Summary: OMNIBUS ORDER RE: MOTIONS TO SEAL (Re: Docket Nos. 145, 149, 151, 153, 161) PAUL S. GREWAL, Magistrate Judge. Before the court are five 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 relat
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OMNIBUS ORDER RE: MOTIONS TO SEAL (Re: Docket Nos. 145, 149, 151, 153, 161)

PAUL S. GREWAL, Magistrate Judge.

Before the court are five 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 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 motion as follows:

Motion Document to be Sealed Result Reason/Explanation to Seal 145 Opposition to • Page 7:10-11: "would Only sealed portions Defendant's Daubert have...revenue" SEALED narrowly tailored to Motion to Exclude • All other designations confidential business Testimony of Sentius' UNSEALED operations. Survey Expert, Dr. William Wecker 145 Exhibit C UNSEALED No declaration in (Docket No. 145-8) support filed with the court as required by Civ. L.R. 79-5(e)(1). 145 Exhibit D • ¶¶ 146-147 SEALED including: Only sealed portions ▪ Chart on page 88 SEALED narrowly tailored to (Docket No. 145-9) ▪ Footnotes SEALED confidential business • Pages 90-103 UNSEALED information. • ¶ 176 — end of page 108 SEALED except: ▪ ¶ 176 "The income... combination thereof." UNSEALED 145 Exhibit M UNSEALED No declaration in support filed with the (Docket No. 145-10) court as required by Civ. L.R. 79-5(e)(1). 149 Opposition to UNSEALED No declaration in Defendant's Motion to support filed with the Phase Trial court as required by Civ. L.R. 79-5(e)(1). 149 Exhibit A UNSEALED No declaration in (Docket No. 149-7) support filed with the court as required by Civ. L.R. 79-5(e)(1). 149 Exhibit B SEALED Narrowly tailored to confidential business (Docket No. 149-8) information. 151 Opposition to UNSEALED No declaration in Defendant's Motion for support filed with the Summary Judgment of court as required by No Infringement Civ. L.R. 79-5(e)(1). 151 Exhibit 1 UNSEALED No declaration in support filed with the (Docket No. 151-7) court as required by Civ. L.R. 79-5(e)(1). 151 Exhibit 2 UNSEALED No declaration in support filed with the (Docket No. 151-9) court as required by Civ. L.R. 79-5(e)(1). 151 Exhibit 3 UNSEALED No declaration in support filed with the (Docket No. 151-11) court as required by Civ. L.R. 79-5(e)(1). 151 Exhibit 4 UNSEALED No declaration in support filed with the (Docket No. 151-13) court as required by Civ. L.R. 79-5(e)(1). 151 Exhibit 5 UNSEALED No declaration in support filed with the (Docket No. 151-15) court as required by Civ. L.R. 79-5(e)(1). 151 Exhibit 6 UNSEALED Declaration as filed insufficient to (Docket No. 151-17) support sealing under Civ. L.R. 79-5(d)(1)(A). 151 Exhibit 8 UNSEALED No declaration in support filed with the (Docket No. 151-20) court as required by Civ. L.R. 79-5(e)(1). 151 Exhibit 9 UNSEALED No declaration in support filed with the (Docket No. 151-22) court as required by Civ. L.R. 79-5(e)(1). 151 Exhibit 10 UNSEALED No declaration in support filed with the (Docket No. 151-24) court as required by Civ. L.R. 79-5(e)(1). 151 Exhibit 11 UNSEALED No declaration in support filed with the (Docket No. 151-26) court as required by Civ. L.R. 79-5(e)(1). 151 Exhibit 12 UNSEALED No declaration in support filed with the (Docket No. 151-28) court as required by Civ. L.R. 79-5(e)(1). 151 Exhibit 13 UNSEALED No declaration in support filed with the (Docket No. 151-30) court as required by Civ. L.R. 79-5(e)(1). 151 Exhibit 14 UNSEALED No declaration in support filed with the (Docket No. 151-32) court as required by Civ. L.R. 79-5(e)(1). 151 Exhibit 15 UNSEALED No declaration in support filed with the (Docket No. 151-34) court as required by Civ. L.R. 79-5(e)(1). 151 Exhibit 16 UNSEALED No declaration in support filed with the (Docket No. 151-36) court as required by Civ. L.R. 79-5(e)(1). 151 Exhibit 17 UNSEALED No declaration in support filed with the (Docket No. 151-38) court as required by Civ. L.R. 79-5(e)(1). 151 Exhibit 61 UNSEALED Declaration as filed insufficient to (Docket No. 151-83) support sealing under Civ. L.R. 79-5(d)(1)(A). 151 Exhibit 62 UNSEALED Declaration as filed insufficient to (Docket No. 151-85) support sealing under Civ. L.R. 79-5(d)(1)(A). 151 Exhibit 66 UNSEALED No declaration in support filed with the (Docket No. 151-90) court as required by Civ. L.R. 79-5(e)(1). 151 Exhibit 67 UNSEALED Declaration as filed insufficient to (Docket No. 151-92) support sealing under Civ. L.R. 79-5(d)(1)(A). 151 Exhibit 68 UNSEALED Declaration as filed insufficient to (Docket No. 151-94) support sealing under Civ. L.R. 79-5(d)(1)(A). 151 Exhibit 69 UNSEALED No declaration in support filed with the (Docket No. 151-96) court as required by Civ. L.R. 79-5(e)(1). 151 Exhibit 70 UNSEALED No declaration in support filed with the (Docket No. 151-98) court as required by Civ. L.R. 79-5(e)(1). 151 Exhibit 71 UNSEALED No declaration in support filed with the (Docket No. 151-100) court as required by Civ. L.R. 79-5(e)(1). 151 Exhibit 72 UNSEALED No declaration in support filed with the (Docket No. 151-102) court as required by Civ. L.R. 79-5(e)(1). 151 Exhibit 73 UNSEALED No declaration in support filed with the (Docket No. 151-104) court as required by Civ. L.R. 79-5(e)(1). 151 Exhibit 74 UNSEALED No declaration in support filed with the (Docket No. 151-106) court as required by Civ. L.R. 79-5(e)(1). 151 Exhibit 75 UNSEALED Declaration as filed insufficient to (Docket No. 151-108) support sealing under Civ. L.R. 79-5(d)(1)(A). 151 Declaration of Vijay UNSEALED Not narrowly Madisetti in Support of tailored to Opposition to confidential business Defendant's Motion for information. Summary Judgment of No Infringement 151 Exhibit A UNSEALED Not narrowly tailored to (Docket Nos. 151-112 to confidential business 151-116) information. 153 Memorandum of Law in • Page 3:22-4:1 SEALED Only sealed portions Opposition to • Page 6:13-28 (including footnotes narrowly tailored to Defendant's Daubert 1-3) SEALED confidential business Motion to Exclude • Page 11:20-28 (footnote 7) information. Testimony or Sentius' SEALED Damages Expert, Robert • Page 4:23-24 SEALED Mills • Page 5:2-3 "Dividing" until "After thoroughly" SEALED • Page 19:2 SEALED • All other designations UNSEALED 153 Exhibit A UNSEALED Not narrowly tailored to (Docket No. 153-9) confidential business information. 153 Exhibit B • Pages 79:24-80:40 SEALED Only sealed portions • Page 97:13-14 SEALED narrowly tailored to (Docket No. 153-10) • Page 98:6-11 SEALED confidential business • All other designations information. UNSEALED 153 Exhibit C UNSEALED No declaration in support filed with the (Docket No. 153-11) court as required by Civ. L.R. 79-5(e)(1). 161 Defendant's Reply in All designations highlighted in Narrowly tailored to Support of its Daubert yellow SEALED confidential business Motion to Exclude information. Testimony of Sentius' Damages Expert, Robert Mills 161 Exhibit AN All designations highlighted in Narrowly tailored to yellow SEALED confidential business (Docket No. 161-6) information.

SO ORDERED.

FootNotes


1. 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. at 1178-79.
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 "unredacted 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.
Source:  Leagle

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