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GOOD TECHNOLOGY CORPORATION v. MobileIRON, INC., 5:12-cv-05826-PSG. (2015)

Court: District Court, N.D. California Number: infdco20150410a72 Visitors: 15
Filed: Apr. 09, 2015
Latest Update: Apr. 09, 2015
Summary: OMNIBUS ORDER RE: MOTIONS TO SEAL (Re: Docket Nos. 186, 199, 207, 216) PAUL S. GREWAL , Magistrate Judge . Before the court are four administrative motions to seal several 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
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OMNIBUS ORDER RE: MOTIONS TO SEAL (Re: Docket Nos. 186, 199, 207, 216)

Before the court are four administrative motions to seal several 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 court rules on the instant motions as follows:

Motion Document to be Sealed Result Reason/Explanation to Seal 186 Exhibit C to the UNSEALED Not narrowly tailored Declaration of Joel to confidential Stonedale business information. See Civ. L.R. 79-5(d)(1)(A). 186 Exhibit F to the UNSEALED Not narrowly tailored Declaration of Joel to confidential Stonedale business information. See Civ. L.R. 79-5(d)(1)(A). 186 Exhibit J to the Declaration UNSEALED Not narrowly tailored of Joel Stonedale to confidential business information. See Civ. L.R. 79-5(d)(1)(A). 186 Exhibit K to the UNSEALED Not narrowly tailored Declaration of Joel to confidential Stonedale business information. See Civ. L.R. 79-5(d)(1)(A). 186 Exhibit L to the UNSEALED Not narrowly tailored Declaration of Joel to confidential Stonedale business information. See Civ. L.R. 79-5(d)(1)(A). If non-party Computer Associates, Inc. seeks to seal this exhibit, it may do so by filing a motion for reconsideration. See Docket No. 189 at 1. 186 Exhibit M to the UNSEALED Not narrowly tailored Declaration of Joel to confidential Stonedale business information. 186 Exhibit N to the UNSEALED Not narrowly tailored Declaration of Joel to confidential Stonedale business information. 186 Exhibit P to the UNSEALED Not narrowly tailored Declaration of Joel to confidential Stonedale business information. See Civ. L.R. 79-5(d)(1)(A). 186 Exhibit Q to the SEALED Narrowly tailored to Declaration of Joel confidential business Stonedale information. 199 Exhibit A to the Designations at Docket No. 199-6, Only sealed portions Declaration of Lillian J. Exhibit A at 6:22-7:8 narrowly tailored to Mao SEALED; all other designations confidential business UNSEALED. information. 199 Exhibit B to the UNSEALED Not narrowly tailored Declaration of Lillian J. to confidential Mao business information. 199 Exhibit C to the SEALED Narrowly tailored to Declaration of Lillian J. confidential business Mao information. 199 Exhibit F to the SEALED Narrowly tailored to Declaration of Lillian J. confidential business Mao information. 199 Exhibit 1 to the Declaration SEALED Narrowly tailored to of Glen Liu confidential business information. 199 Exhibit 2 to the Declaration SEALED Narrowly tailored to of Glen Liu confidential business information. 199 Exhibit 3 to the Declaration SEALED Narrowly tailored to of Glen Liu confidential business information. 199 Exhibit 4 to the Declaration SEALED Narrowly tailored to of Glen Liu confidential business information. 199 Exhibit 5 to the Declaration SEALED Narrowly tailored to of Glen Liu confidential business information. 199 Exhibit 8 to the Declaration SEALED Narrowly tailored to of Glen Liu confidential business information. 199 Exhibit 9 to the Declaration UNSEALED Not narrowly tailored of Glen Liu to confidential business information. 199 Exhibit 10 to the SEALED Narrowly tailored to Declaration of Glen Liu confidential business information. 199 Exhibit 11 to the SEALED Narrowly tailored to Declaration of Glen Liu confidential business information. 199 Exhibit 12 to the SEALED Narrowly tailored to Declaration of Glen Liu confidential business information. 199 Exhibit 13 to the UNSEALED No declaration in Declaration of Glen Liu support filed with the court as required by Civ. L.R. 79-5(e)(1). 199 Exhibit 14 to the SEALED Narrowly tailored to Declaration of Glen Liu confidential business information. 199 Exhibit 16 to the UNSEALED No declaration in Declaration of Glen Liu support filed with the court as required by Civ. L.R. 79-5(e)(1). 199 Exhibit 19 to the SEALED Narrowly tailored to Declaration of Glen Liu confidential business information. 199 Exhibit 20 to the SEALED Narrowly tailored to Declaration of Glen Liu confidential business information. 199 Exhibit 22 to the UNSEALED No declaration in Declaration of Glen Liu support filed with the court as required by Civ. L.R. 79-5(e)(1). 199 Exhibit 24 to the UNSEALED No declaration in Declaration of Glen Liu support filed with the court as required by Civ. L.R. 79-5(e)(1). 199 Exhibit 26 to the SEALED Narrowly tailored to Declaration of Glen Liu confidential business information. 199 Exhibit 27 to the SEALED Narrowly tailored to Declaration of Glen Liu confidential business information. 199 Exhibit 28 to the SEALED Narrowly tailored to Declaration of Glen Liu confidential business information. 199 Exhibit 29 to the SEALED Narrowly tailored to Declaration of Glen Liu confidential business information. 199 Exhibit 30 to the UNSEALED No declaration in Declaration of Glen Liu support filed with the court as required by Civ. L.R. 79-5(e)(1). 199 Exhibit 31 to the SEALED Narrowly tailored to Declaration of Glen Liu confidential business information. 199 Exhibit 32 to the SEALED Narrowly tailored to Declaration of Glen Liu confidential business information. 199 Exhibit 33 to the SEALED Narrowly tailored to Declaration of Glen Liu confidential business information. 199 MobileIron, Inc.'s Motion Designations in yellow at Docket Only sealed portions for Summary Judgment on No. 199-5 at 1:15-22 SEALED; narrowly tailored to Lanham Act and Unfair all other designations confidential business Competition Claims UNSEALED. information. 199 MobileIron's Motion for Designations in yellow at Docket Only sealed portions Summary Judgment on No. 199-8 at 1:8, 1:19, 1:26, narrowly tailored to Good's Lost Profits 5:15-16, 5:18-26; all figures confidential business Damages designated in yellow on page 6 information. and text designated in yellow at 6:4, designations in yellow at 6:25-26; all designations in yellow on pages 7-10; all figures designed in yellow on pages 11-12 and text designated in yellow at 12:18-19, designations in yellow at 12:23; all designations in yellow on pages 13-14; designations in yellow at 15:1-6; all designations in yellow on pages 16-20; designations in yellow at 21:2-4, 21:12, 21:15, 21:18-20, 21:22-28; and all designations in yellow on page 22 SEALED; all other designations UNSEALED. 207 Plaintiffs' Opposition to All designations in yellow at Only sealed portions Mobileiron's Motion to Docket No. 207-3 SEALED; all narrowly tailored to Strike Portions of Good's other designations UNSEALED. confidential business Expert Report information. 216 Exhibit A to the UNSEALED No declaration in Declaration of Will support filed with the Melehani court as required by Civ. L.R. 79-5(e)(1). 216 Mobilehon's Reply in UNSEALED No declaration in Support of Motion to support filed with the Strike court as required by Civ. L.R. 79-5(e)(1).

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).
Source:  Leagle

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