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
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 relati..
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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.