Filed: Apr. 15, 2015
Latest Update: Apr. 15, 2015
Summary: OMNIBUS ORDER RE: MOTIONS TO SEAL (Re: Docket Nos. 219, 224, 226, 230, 234, 236) PAUL S. GREWAL , Magistrate Judge . Before the court are six administrative motions to seal 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. 219, 224, 226, 230, 234, 236) PAUL S. GREWAL , Magistrate Judge . Before the court are six administrative motions to seal 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. 219, 224, 226, 230, 234, 236)
PAUL S. GREWAL, Magistrate Judge.
Before the court are six administrative motions to seal 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
219 Declaration of Earl Text at Docket No. 219-6 at 1:8-6:4 Only sealed portions
Sacerdoti SEALED; all other text narrowly tailored to
UNSEALED. confidential business
information.
219 Declaration of Stephen Text at Docket No. 219-8 at 1:9-3:2 Only sealed portions
Gray and 4:23-7:7 SEALED; all narrowly tailored to
other text UNSEALED. confidential business
information.
219 Declaration of Jesse SEALED Narrowly tailored to
Lindeman confidential business
information.
219 Exhibit 3 to the Declaration UNSEALED Not narrowly tailored
of Vickie Feeman to confidential
business information.
219 Exhibit 4 to the Declaration SEALED Narrowly tailored to
of Vickie Feeman confidential business
information.
219 Exhibit 9 to the Declaration SEALED Narrowly tailored to
of Vickie Feeman confidential business
information.
219 Exhibit 11 to the UNSEALED No declaration in
Declaration of Vickie support filed with the
Feeman court as required by
Civ. L.R. 79-5(e)(1).
219 Exhibit 12 to the UNSEALED No declaration in
Declaration of Vickie support filed with the
Feeman court as required by
Civ. L.R. 79-5(e)(1).
219 Exhibit 13 to the UNSEALED No declaration in
Declaration of Vickie support filed with the
Feeman court as required by
Civ. L.R. 79-5(e)(1).
219 Exhibit 15 to the UNSEALED No declaration in
Declaration of Vickie support filed with the
Feeman court as required by
Civ. L.R. 79-5(e)(1).
219 Exhibit 16 to the UNSEALED No declaration in
Declaration of Vickie support filed with the
Feeman court as required by
Civ. L.R. 79-5(e)(1).
219 Exhibit 17 to the UNSEALED No declaration in
Declaration of Vickie support filed with the
Feeman court as required by
Civ. L.R. 79-5(e)(1).
219 Exhibit 18 to the UNSEALED No declaration in
Declaration of Vickie support filed with the
Feeman court as required by
Civ. L.R. 79-5(e)(1).
219 Exhibit 21 to the UNSEALED No declaration in
Declaration of Vickie support filed with the
Feeman court as required by
Civ. L.R. 79-5(e)(1).
219 Exhibit 28 to the SEALED Narrowly tailored to
Declaration of Vickie confidential business
Feeman information.
219 Exhibit 29 to the UNSEALED No declaration in
Declaration of Vickie support filed with the
Feeman court as required by
Civ. L.R. 79-5(e)(1).
219 Exhibit 33 to the UNSEALED Not narrowly tailored
Declaration of Vickie to confidential
Feeman business information.
219 Exhibit 36 to the SEALED Narrowly tailored to
Declaration of Vickie attorney work
Feeman product and
confidential business
information.
219 Exhibit 37 to the SEALED Narrowly tailored to
Declaration of Vickie attorney work
Feeman product and
confidential business
information.
219 Exhibit 38 to the SEALED Narrowly tailored to
Declaration of Vickie attorney work
Feeman product and
confidential business
information.
219 Exhibit 39 to the SEALED Narrowly tailored to
Declaration of Vickie attorney work
Feeman product and
confidential business
information.
219 Exhibit 40 to the SEALED Narrowly tailored to
Declaration of Vickie attorney work
Feeman product and
confidential business
information.
219 MobileIron's Motion for Designations in yellow at Docket Only sealed portions
Summary Judgment of No. 219-5 SEALED, except narrowly tailored to
Non-Infringement and designations in yellow at 5:25-26, confidential business
Invalidity of Plaintiffs' 12:18, 13:17-18, 16:9-11, information.
Patents 30:11-13 and 46:10-12
UNSEALED; all other
designations UNSEALED.
224 Exhibit B to the UNSEALED Not narrowly tailored
Declaration Joel Stonedale to confidential
business information.
See Civ. L.R. 79-5(d)(1)(A).
224 Good's Reply in Support UNSEALED Not narrowly tailored
of its Motion to Strike to confidential
Portions of Defendant's business information.
Expert Reports See Civ. L.R. 79-5(d)(1)(A).
226 Exhibit 2 to the Declaration SEALED Narrowly tailored to
of Lillian J. Mao confidential business
information.
226 Exhibit 3 to the Declaration SEALED Narrowly tailored to
of Lillian J. Mao information.
226 Exhibit 5 to the Declaration SEALED Narrowly tailored to
of Lillian J. Mao confidential business
information.
226 Exhibit 6 to the Declaration UNSEALED No declaration in
of Lillian J. Mao support filed with the
court as required by
Civ. L.R. 79-5(e)(1).
226 Exhibit 8 to the Declaration SEALED Narrowly tailored to
of Lillian J. Mao confidential business
information.
226 Declaration of Peter J. Designations in yellow at Docket Only sealed portions
Reiher, Ph.D. No. 226-6 at ¶¶ 107-8 SEALED; narrowly tailored to
all other designations confidential business
UNSEALED. information.
226 MobileIron's Opposition to UNSEALED No declaration in
Plaintiffs' Motion for support filed with the
Summary Judgment of court as required by
Non-Infringement and Civ. L.R. 79-5(e)(1).
Non-Validity of
MobileIron's `016 Patent
230 Joint Discovery Letter UNSEALED No declaration in
Brief support filed with the
court as required by
Civ. L.R. 79-5(e)(1).
230 Exhibit A 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).
230 Exhibit B 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).
230 Exhibit 1 to the Declaration UNSEALED No declaration in
of Glen Liu support filed with the
court as required by
Civ. L.R. 79-5(e)(1).
234 Exhibit 3 to the Declaration UNSEALED Not narrowly tailored
of Robert J. Muller to confidential
business information.
234 Exhibit 4 to the Declaration SEALED Narrowly tailored to
of Robert J. Muller confidential business
information.
234 Exhibit 5 to the Declaration Text at Docket No. 234-8 at Only sealed portions
of Robert J. Muller 9:21-26 SEALED; all other text narrowly tailored to
UNSEALED confidential business
information.
234 Exhibit 6 to the Declaration SEALED Narrowly tailored to
of Robert J. Muller confidential business
information.
234 Exhibit 7 to the Declaration Text at Docket No. 234-10 at Only sealed portions
of Robert J. Muller 8:21-23 SEALED; all other text narrowly tailored to
UNSEALED. confidential business
information.
234 Exhibit 8 to the Declaration SEALED Narrowly tailored to
of Robert J. Muller confidential business
information.
234 Exhibit 9 to the Declaration Text at Docket No. 234-12 at Only sealed portions
of Robert J. Muller 6:22-7:8 SEALED; all other text narrowly tailored to
UNSEALED. confidential business
information.
234 Exhibit 10 to the SEALED Narrowly tailored to
Declaration of Robert J. confidential bus iness
Muller information.
234 Exhibit 11 to the SEALED Narrowly tailored to
Declaration of Robert J. confidential business
Muller information.
234 Exhibit 12 to the SEALED Narrowly tailored to
Declaration of Robert J. confidential business
Muller information.
234 Good's Opposition to Text at Docket No. 234-5 at 4:5-6, Only sealed portions
Defendant MobileIron's 4:11-16 and 5:17-18 narrowly tailored to
Motion for Summary SEALED; all other text confidential business
Judgment on Lanham Act UNSEALED. information.
and Unfair Competition
Claims
236 Exhibit 2 to the Declaration SEALED Narrowly tailored to
of Craig Tolliver confidential business
information.
236 Exhibit 3 to the Declaration UNSEALED Not narrowly tailored
of Craig Tolliver to confidential
business information.
See Civ. L.R. 79-5(d)(1)(A).
236 Exhibit 4 to the Declaration SEALED Narrowly tailored to
of Craig Tolliver confidential business
information.
236 Exhibit 5 to the Declaration Text at Docket No. 236-8 at ¶ 37 Only sealed portions
of Craig Tolliver sentences 4, 7, 9 and footnote narrowly tailored to
45; ¶ 38, sentences 4 and 5 ¶ 69 confidential business
(excerpt); ¶ 70; ¶ 71, sentences information.
4, 5, 6, and 7; ¶ 73, sentence 1;
and ¶ 113 SEALED; all other
text UNSEALED.
236 Exhibit 6 to the Declaration Text at Docket No. 236-9 at ¶¶ Only sealed portions
of Craig Tolliver 76-83 and ¶¶ 224-226 and narrowly tailored to
accompanying diagrams confidential business
SEALED; all other text information.
UNSEALED.
236 Exhibit 7 to the Declaration SEALED Narrowly tailored to
of Craig Tolliver confidential business
information.
236 Exhibit 12 to the SEALED Narrowly tailored to
Declaration of Craig confidential business
Tolliver information.
236 Exhibit 13 to the SEALED Narrowly tailored to
Declaration of Craig confidential business
Tolliver information.
236 Exhibit 14 to the SEALED Narrowly tailored to
Declaration of Craig confidential business
Tolliver information.
236 Exhibit 15 to the SEALED Narrowly tailored to
Declaration of Craig confidential business
Tolliver information.
236 Exhibit 16 to the SEALED Narrowly tailored to
Declaration of Craig confidential business
Tolliver information.
236 Exhibit 17 to the SEALED Narrowly tailored to
Declaration of Craig confidential business
Tolliver information.
236 Exhibit 18 to the SEALED Narrowly tailored to
Declaration of Craig confidential business
Tolliver information.
236 Exhibit 19 to the Text at Docket No. 236-18 at ¶ Only sealed portions
Declaration of Craig 74 SEALED; all other text Narrowly tailored to
Tolliver UNSEALED confidential business
information.
236 Exhibit 22 to the SEALED Narrowly tailored to
Declaration of Craig confidential business
Tolliver information.
236 Plaintiffs' Opposition to Designations in yellow at Docket Only sealed portions
Mobilelron's Motion for No. 236-4 at 3:5-6, 4:8-9, 8:9, narrowly tailored to
Summary Judgment of No 8:19-21, 12:1-4, 17:4 and text at confidential business
Lost Profits 2:13-14, 3:5-6, 12:13-16, 13:28, information.
14:1, 14:6-15, 17:19-24 and 18:1
SEALED; all other designations
and 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).
