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
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 r..
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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 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.