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

Court: District Court, N.D. California Number: infdco20150129e01 Visitors: 7
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
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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.

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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