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ORACLE AMERICA, INC. v. TERIX COMPUTER COMPANY, INC., 5:13-cv-03385-PSG. (2015)

Court: District Court, N.D. California Number: infdco20150120961 Visitors: 6
Filed: Jan. 16, 2015
Latest Update: Jan. 16, 2015
Summary: ORDER RE: MOTION TO SEAL (Re: Docket No. 399) PAUL S. GREWAL, Magistrate Judge. Before the court is an administrative motion to seal 25 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 th
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ORDER RE: MOTION TO SEAL (Re: Docket No. 399)

PAUL S. GREWAL, Magistrate Judge.

Before the court is an administrative motion to seal 25 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 399 Oracle's Motion for • Page 9:7-11 designations Only sealed portions Partial Summary highlighted in grey UNSEALED narrowly tailored to Judgment • Page 10:15-16 designations confidential business highlighted in grey SEALED and customer • Page 10:27-28 designations information. highlighted in grey SEALED • Pages 13-14 designations highlighted in grey SEALED • Page 24:12-16 designations highlighted in grey SEALED • All other designations UNSEALED 399 Papay Declaration in • Page 6:3 designations outlined in Only sealed portions Support of Oracle's red SEALED narrowly tailored to Motion for Partial • Page 6:9 UNSEALED confidential business Summary Judgment • Page 6:14-15 designations outlined and customer in red SEALED information. • Page 6:16 UNSEALED • Page 6:26-27 designations outlined in red SEALED • ¶¶ 29-31 designations outlined in red SEALED • ¶ 31 UNSEALED 399 Exhibit 1 • Page 3:9-13 designations Only sealed portions highlighted in yellow UNSEALED narrowly tailored to (Docket No. 399-8) • Pages 5-13 tables SEALED confidential business • Page 14:24-25 table SEALED and customer information. 399 Exhibit 2 • Page 21:5-7 designations Only sealed portions highlighted in yellow UNSEALED narrowly tailored to (Docket No. 399-9) • Page 22:22-25 designations confidential highlighted in yellow SEALED customer • Page 26:9-11 designations information. highlighted in yellow UNSEALED • Page 26:19-23 designations highlighted in yellow SEALED • Pages 27-30 designations highlighted in yellow SEALED • Page 31 designations highlighted in yellow UNSEALED 399 Exhibit 3 UNSEALED No declaration in (Docket No. 399-10) support filed with the court as required by Civ. L.R. 79-5(e)(1). 399 Exhibit 12 As to specific customer names Only sealed portions SEALED. As to all other narrowly tailored to (Docket No. 399-12) designations UNSEALED. confidential customer names and emails. 399 Exhibit 13 SEALED Only sealed portions narrowly tailored to (Docket No. 399-13) confidential customer names and emails. 399 Exhibit 14 Designations outlined in red Only sealed portions SEALED narrowly tailored to (Docket No. 399-15) confidential customer names and emails. 399 Exhibit 15 Designations outlined in red Only sealed portions SEALED narrowly tailored to (Docket No. 399-17) confidential customer names and emails. 399 Exhibit 16 Designations outlined in red Only sealed portions SEALED narrowly tailored to (Docket No. 399-19) confidential customer names and emails. 399 Exhibit 17 Designations outlined in red Only sealed portions SEALED narrowly tailored to (Docket No. 399-21) confidential customer names and emails. 399 Exhibit 18 Designations outlined in red Only sealed portions SEALED narrowly tailored to (Docket No. 399-23) confidential customer names and emails. 399 Exhibit 19 Designations outlined in red Only sealed portions SEALED narrowly tailored to (Docket No. 399-25) confidential customer names and emails. 399 Exhibit 20 • TRX0120422-23 e-mail addresses Only sealed portions and user IDs SEALED narrowly tailored to (Docket No. 399-27) • TRX0120432 designations confidential business outlined in red SEALED and customer • All other designations highlighted information. in yellow UNSEALED 399 Exhibit 21 Designations outlined in red Narrowly tailored to SEALED confidential (Docket No. 399-29) customer information. 399 Exhibit 22 • Designations outlined in red Only sealed portions SEALED narrowly tailored to (Docket No. 399-31) • All other designations highlighted confidential in yellow UNSEALED customer information. 399 Exhibit 23 • Pages 9-14 tables SEALED Only sealed portions • All other designations highlighted narrowly tailored to (Docket No. 399-32) in yellow UNSEALED confidential customer information. 399 Exhibit 24 SEALED Narrowly tailored to confidential business (Docket No. 399-33) information. 399 Exhibit 25 UNSEALED Exhibit not sealable in its entirety. Not (Docket No. 399-34) narrowly tailored to confidential customer information. 399 Exhibit 26 UNSEALED Exhibit not sealable in its entirety. Not (Docket No. 399-35) narrowly tailored to confidential customer information 399 Exhibit 27 UNSEALED Exhibit not sealable in its entirety. Not (Docket No. 399-36) narrowly tailored to confidential customer 399 Exhibit 28 As to specific customer names Only sealed portions SEALED. As to all other narrowly tailored to (Docket No. 399-37) designations UNSEALED. confidential customer names and emails. 399 Exhibit 29 Designations outlined in red Narrowly tailored to SEALED confidential business (Docket No. 399-39) information. 399 Exhibit 30 SEALED Narrowly tailored to confidential business (Docket No. 399-40) information. 399 Exhibit 31 As to specific customer names Only sealed portions SEALED. As to all other narrowly tailored to (Docket No. 399-42) designations UNSEALED. customer names and emails.

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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