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
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 the..
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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.