Filed: Jan. 28, 2015
Latest Update: Jan. 28, 2015
Summary: OMNIBUS ORDER RE: MOTIONS TO SEAL (Re: Docket Nos. 176 and 182) PAUL S. GREWAL, Magistrate Judge. Before the court are two administrative motions to seal. "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
Summary: OMNIBUS ORDER RE: MOTIONS TO SEAL (Re: Docket Nos. 176 and 182) PAUL S. GREWAL, Magistrate Judge. Before the court are two administrative motions to seal. "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 ..
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OMNIBUS ORDER RE: MOTIONS TO SEAL (Re: Docket Nos. 176 and 182)
PAUL S. GREWAL, Magistrate Judge.
Before the court are two administrative motions to seal. "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 court rules on the instant motions as follows:
Motion Document to be Sealed Result Reason/Explanation
to Seal
176 Exhibit A UNSEALED No declaration in
support filed with the
court as required by
Civ. L.R. 79-5(e)(1).
176 Exhibit F Designations highlighted in Only sealed portions
yellow at Docket No. 183 narrowly tailored to
SEALED; all other designations confidential business
UNSEALED. information.
176 Exhibit I Designations highlighted in Only sealed portions
yellow at Docket No. 176-7 narrowly tailored to
SEALED; all other designations confidential business
UNSEALED. information.
182 Sentius' Omnibus Motion UNSEALED No declaration in
in Limine support filed with the
court as required by
Civ. L.R. 79-5(e)(1).
182 Exhibit D UNSEALED No declaration in
support filed with the
court as required by
Civ. L.R. 79-5(e)(1).
182 Exhibit F UNSEALED No declaration in
support filed with the
court as required by
Civ. L.R. 79-5(e)(1).
182 Exhibit G Designations at paragraphs 137-139,
167-185, 199-200, 202, 226-230, Only sealed portions
254-262, 306, 312, 318-323, narrowly tailored to
351-359, 372-381, 395, 401, 406-409, confidential business
435-441, 455-463, 477, 483, information.
488-491, 542, 607-610, 624-628,
656 and 662 SEALED; all other
text UNSEALED.
182 Exhibit H Designations at page 25 (the Only sealed portions
paragraph beginning, "Microsoft narrowly tailored to
offers..."), pages 27-28 (the confidential business
paragraph beginning, "I reviewed information.
multiple surveys..."), page 30 (the
paragraph beginning, "Ultimately,
rather than..."), page 33 (the
paragraph beginning, "Ultimately,
Microsoft entered into..."), page
34 (the paragraph beginning,
"Microsoft and Arendi..."), page
36 (the paragraph beginning,
"Microsoft entered into..."), page
37 (the paragraph beginning,
"Under the terms of..."), footnote
253, page 38 (the paragraph
beginning, "In a Settlement..."),
pages 50-51 (the paragraph
beginning, "An agreement falling
outside...") and footnotes 349-351
SEALED; all other text
UNSEALED.
182 Exhibit K UNSEALED No declaration in
support filed with the
court as required by
Civ. L.R. 79-5(e)(1).
182 Exhibit L Designations at Exhibit A1, pages Only sealed portions
11-18, 20-29, 37-48, 57-64, 66-75, narrowly tailored to
83-93; and Exhibit A2, pages 10-16, confidential business
20-30, 46-52, and 56-66 information.
SEALED; other all text
UNSEALED.
SO ORDERED.