Filed: Jun. 12, 2015
Latest Update: Jun. 12, 2015
Summary: OMNIBUS ORDER RE: MOTIONS TO SEAL (Re: Docket Nos. 314, 316, 317, 330, 333, 340, 344) PAUL S. GREWAL , Magistrate Judge . Before the court are seven administrative motions to seal 49 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 judici
Summary: OMNIBUS ORDER RE: MOTIONS TO SEAL (Re: Docket Nos. 314, 316, 317, 330, 333, 340, 344) PAUL S. GREWAL , Magistrate Judge . Before the court are seven administrative motions to seal 49 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 judicia..
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OMNIBUS ORDER RE: MOTIONS TO SEAL (Re: Docket Nos. 314, 316, 317, 330, 333, 340, 344)
PAUL S. GREWAL, Magistrate Judge.
Before the court are seven administrative motions to seal 49 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 courts rules on the instant motions as follows:
Motion Document to be Sealed Result Reason/Explanation
to Seal
314 Good's Reply to its Motion Designations highlighted in Narrowly tailored to
to Strike Portions of yellow at Docket No. 314-4 confidential business
Defendant's Expert Report SEALED. information.
Regarding Defendant's
Infringement
Counterclaims
316 Good's Opposition to Designations highlighted in Only sealed portions
MobileIron's Motion to yellow at Docket No. 316-5 narrowly tailored to
Exclude certain opinions of SEALED EXCEPT pages 2:18-19, confidential business
Good's experts 15:13-16, 19:19-20 information.
UNSEALED.
316 Declaration of Ira Cook UNSEALED. Not narrowly tailored
to confidential
business information.
316 Exhibit 1 SEALED EXCEPT page 1 at Only sealed portions
Docket No. 316-8 UNSEALED. narrowly tailored to
confidential business
information.
316 Exhibit 2 SEALED. Narrowly tailored to
confidential business
information.
316 Exhibit 3 UNSEALED. Not narrowly tailored
to confidential
business information.
316 Exhibit 4 Pages 20:16-21:23 at Docket Narrowly tailored to
No. 316-11 SEALED; confidential business
page 28:22-25 at Docket information.
No. 316-11 SEALED;
pages 42:18-44:2 at Docket
No. 316-11 SEALED; page 44:4,
44:14 at Docket No. 316-11
SEALED.
316 Exhibit 5 UNSEALED. No declaration in
support filed with the
court as required by
Civ. L.R. 79-5(e)(1).
316 Exhibit 6 Page 28:11-12 at Docket Only sealed portions
No. 316-13 SEALED; narrowly tailored to
page 29:14-25 at Docket confidential business
No. 316-13 SEALED. information.14
317 MobileIron's Opposition Designations highlighted in Narrowly tailored to
to Good Technology yellow at Docket No. 317-5 confidential business
Plaintiffs' Motion to SEALED. information.
exclude opinions of
MobileIron's proposed
experts Richard Eichmann,
Earl Sacerdoti, Stephen
Gray and Peter Reiher
317 Exhibit 1 ¶¶ 43, 47-48, 52(b), 59, 61-63, Narrowly tailored to
69-76, 85 and 89-90 at Docket confidential business
No. 317-6 SEALED; footnote 17 information.
at Docket No. 317-6 SEALED;
the table after ¶ 58, the table
after ¶ 62 and the table after ¶ 88
at Docket No. 317-6 SEALED.
317 Exhibit 3 Page 33:2 at Docket No. 317-7 Narrowly tailored to
SEALED. confidential business
information.
317 Exhibit 4 SEALED EXCEPT page 1, Only sealed portions
¶¶ 45-64 at Docket No. 317-7 narrowly tailored to
UNSEALED. confidential business
information.
317 Exhibit 5 UNSEALED. Not narrowly tailored
to confidential
business information.
317 Exhibit 6 SEALED. Narrowly tailored to
confidential business
information.
317 Exhibit 7 SEALED. Narrowly tailored to
confidential business
information.
317 Exhibit 8 SEALED. Narrowly tailored to
confidential business
information.
317 Exhibit 9 SEALED. Narrowly tailored to
confidential business
information.
317 Exhibit 10 SEALED. Narrowly tailored to
confidential business
information.
317 Exhibit 11 SEALED. Narrowly tailored to
confidential business
information.
317 Exhibit 12 SEALED. Narrowly tailored to
confidential business
information.
317 Exhibit 13 SEALED. Narrowly tailored to
confidential business
information.
317 Exhibit 14 SEALED. Narrowly tailored to
confidential business
information.
317 Exhibit 15 SEALED. Narrowly tailored to
confidential business
information.
317 Exhibit 16 SEALED. Narrowly tailored to
confidential business
information.
317 Exhibit 17 UNSEALED. No declaration in
support filed with the
court as required by
Civ. L.R. 79-5(e)(1).
317 Exhibit 18 SEALED. Narrowly tailored to
confidential business
information.
317 Exhibit 19 SEALED. Narrowly tailored to
confidential business
information.
317 Exhibit 20 SEALED. Narrowly tailored to
confidential business
information.
317 Exhibit 21 UNSEALED. No declaration in
support filed with the
court as required by
Civ. L.R. 79-5(e)(1).
317 Exhibit 22 SEALED. Narrowly tailored to
confidential business
information.
317 Exhibit 23 UNSEALED. No declaration in
support filed with the
court as required by
Civ. L.R. 79-5(e)(1).
317 Exhibit 24 All monetary values at Docket Only sealed portions
No. 317-9 SEALED; ¶¶ 112-113 narrowly tailored to
at Docket No. 317-9 SEALED; confidential business
all other requests UNSEALED. information.
317 Exhibit 25 UNSEALED. No declaration in
support filed with the
court as required by
Civ. L.R. 79-5(e)(1).
317 Exhibit 26 UNSEALED. No declaration in
support filed with the
court as required by
Civ. L.R. 79-5(e)(1).
317 Exhibit 28 UNSEALED. No declaration in
support filed with the
court as required by
Civ. L.R. 79-5(e)(1).
317 Exhibit 33 UNSEALED. Not narrowly tailored
to confidential
business information.
317 Exhibit 34 UNSEALED. No declaration in
support filed with the
court as required by
Civ. L.R. 79-5(e)(1).
330 MobileIron's Reply in Designations highlighted in Only sealed portions
Support of Motion to yellow at Docket No. 330-5 narrowly tailored to
Exclude the Opinions and SEALED EXCEPT pages 7:21, confidential business
Testimony of Good's 8:1, 15:13-14 UNSEALED. information.
Experts, Mr. Roy Weinstein
and Dr. Hugh Smith
330 Exhibit 25 Designations highlighted in Narrowly tailored to
yellow at Docket No. 330-6 confidential business
SEALED. information.
330 Exhibit 26 UNSEALED. Not narrowly tailored
to confidential
business information.
330 Exhibit 27 UNSEALED. No declaration in
support filed with the
court as required by
Civ. L.R. 79-5(e)(1).
330 Exhibit 28 Section titled "Good License Only sealed portions
Agreements" on pages 9-10 at narrowly tailored to
Docket No. 330-9 SEALED; all confidential business
other requests UNSEALED. information.
333 Plaintiff Good UNSEALED. No declaration in
Technology Corporation support filed with the
and Good Technology court as required by
Software, Inc.'s Reply in Civ. L.R. 79-5(e)(1).
Support of Motion to
Exclude Opinions of
MobileIron's Proposed
Experts Richard Eichmann,
Earl Sacerdoti, Stephen
Gray and Peter Reiher
333 Exhibit 2 UNSEALED. No declaration in
support filed with the
court as required by
Civ. L.R. 79-5(e)(1).
340 Exhibit A Designations highlighted in Sealed consistent
yellow at Docket No. 340-3 with ruling re Docket
SEALED EXCEPT lines 7:21, No. 330-5.
8:1, 15:13-14 UNSEALED.
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).
14. Page 29:26-28 could not be considered because it was not submitted to the court.