Filed: Jun. 30, 2015
Latest Update: Jun. 30, 2015
Summary: ORDER RE: MOTIONS TO SEAL (Re: Docket Nos. 581, 583, 585, 594, 596, 601, 610) PAUL S. GREWAL , Magistrate Judge . Before the court are seven administrative motions to file various documents under seal. 1 "Historically, courts have recognized a `general right to inspect and copy public records and documents, including judicial records and documents.'" 2 Accordingly, when considering a sealing request, "a `strong presumption in favor of access' is the starting point." 3 Parties seeking to
Summary: ORDER RE: MOTIONS TO SEAL (Re: Docket Nos. 581, 583, 585, 594, 596, 601, 610) PAUL S. GREWAL , Magistrate Judge . Before the court are seven administrative motions to file various documents under seal. 1 "Historically, courts have recognized a `general right to inspect and copy public records and documents, including judicial records and documents.'" 2 Accordingly, when considering a sealing request, "a `strong presumption in favor of access' is the starting point." 3 Parties seeking to ..
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ORDER RE: MOTIONS TO SEAL
(Re: Docket Nos. 581, 583, 585, 594, 596, 601, 610)
PAUL S. GREWAL, Magistrate Judge.
Before the court are seven administrative motions to file various documents under seal.1 "Historically, courts have recognized a `general right to inspect and copy public records and documents, including judicial records and documents.'"2 Accordingly, when considering a sealing request, "a `strong presumption in favor of access' is the starting point."3 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.4
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."5 Records attached to nondispositive motions therefore are not subject to the strong presumption of access.6 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).7 As with dispositive motions, the standard applicable to nondispositive motions requires a "particularized showing"8 that "specific prejudice or harm will result" if the information is disclosed.9 "Broad allegations of harm, unsubstantiated by specific examples of articulated reasoning" will not suffice.10 A protective order sealing the documents during discovery may reflect the court's previous determination that good cause exists to keep the documents sealed,11 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.12
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)."13 "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."14
With these standards in mind, the court rules on the instant motion as follows:
Motion Document to be Sealed Result Reason/Explanation
to Seal
581-4 Plaintiffs' Opposition to Designations highlighted in Sealed portions
Defendants Motion to yellow SEALED. narrowly tailored to
Strike In Part the Avago confidential business
Entities Infringement information.
Contentions
581-6 Declaration of Floyd Designations highlighted in Sealed portions
Anderson In Support of yellow SEALED. narrowly tailored to
Plaintiffs' Opposition confidential business
information.
581-8 Declaration of Kenneth Designations highlighted in Sealed portions
Pedrotti In Support of yellow SEALED. narrowly tailored to
Plaintiffs' Opposition confidential business
information.
581-10/587-1 Exhibit A to Chang Only designations highlighted in Only sealed portions
Declaration yellow at Docket No. 587-1 narrowly tailored to
SEALED; remainder confidential business
UNSEALED. information.
581-12/587-2 Exhibit B to Chang Only designations highlighted in Only sealed portions
Declaration yellow at Docket No. 587-2 narrowly tailored to
SEALED; remainder confidential business
UNSEALED. information.
581-14/587-3 Exhibit C to Chang Only designations highlighted in Only sealed portions
Declaration yellow at Docket No. 587-3 narrowly tailored to
SEALED; remainder confidential business
UNSEALED. information.
581-16 Exhibit D to Chang SEALED. Sealed portions
Declaration narrowly tailored to
confidential business
information.
581-18 Exhibit E to Chang SEALED. Sealed portions
Declaration narrowly tailored to
confidential business
information.
581-20 Exhibit F to Chang SEALED. Sealed portions
Declaration narrowly tailored to
confidential business
information.
581-22 Exhibit G to Chang SEALED. Sealed portions
Declaration narrowly tailored to
confidential business
information.
581-24 Exhibit H to Chang SEALED. Sealed portions
Declaration narrowly tailored to
confidential business
information.
581-26 Exhibit I to Chang SEALED. Sealed portions
Declaration narrowly tailored to
confidential business
information.
581-28 Exhibit W to Chang SEALED. Sealed portions
Declaration narrowly tailored to
confidential business
information.
583-4 Plaintiffs' Motion to Designations highlighted in Sealed portions
Amend Infringement yellow SEALED. narrowly tailored to
Contentions Pursuant to confidential business
Patent L.R. 3-6 information.
583-5/587-4 Exhibit 1 to Chang Only designations highlighted in Only sealed portions
Declaration yellow at Docket No. 587-4 narrowly tailored to
SEALED; remainder confidential business
UNSEALED. information.
583-6/587-5 Exhibit 2 to Chang Only designations highlighted in Only sealed portions
Declaration yellow at Docket No. 587-5 narrowly tailored to
SEALED; remainder confidential business
UNSEALED. information.
583-7/587-6 Exhibit 3 to Chang Only designations highlighted in Only sealed portions
Declaration yellow at Docket No. 587-6 narrowly tailored to
SEALED; remainder confidential business
UNSEALED. information.
583-8/587-7 Exhibit 4 to Chang Only designations highlighted in Only sealed portions
Declaration yellow at Docket No. 587-7 narrowly tailored to
SEALED; remainder confidential business
UNSEALED. information.
583-9/587-8 Exhibit 5 to Chang Only designations highlighted in Only sealed portions
Declaration yellow at Docket No. 587-8 narrowly tailored to
SEALED; remainder confidential business
UNSEALED. information.
583-10/587-9 Exhibit 6 to Chang Only designations highlighted in Only sealed portions
Declaration yellow at Docket No. 587-9 narrowly tailored to
SEALED; remainder confidential business
UNSEALED. information.
583-11/587-10 Exhibit7 to Chang Only designations highlighted in Only sealed portions
Declaration yellow at Docket No. 587-10 narrowly tailored to
SEALED; remainder confidential business
UNSEALED. information.
583-12/587-11 Exhibit 8 to Chang Only designations highlighted in Only sealed portions
Declaration yellow at Docket No. 587-11 narrowly tailored to
SEALED; remainder confidential business
UNSEALED. information.
583-13/587-12 Exhibit 9 to Chang Only designations highlighted in Only sealed portions
Declaration yellow at Docket No. 587-12 narrowly tailored to
SEALED; remainder confidential business
UNSEALED. information.
583-14/587-13 Exhibit 10 to Chang Only designations highlighted in Only sealed portions
Declaration yellow at Docket No. 587-13 narrowly tailored to
SEALED; remainder confidential business
UNSEALED. information.
583-15/587-14 Exhibit 11 to Chang Only designations highlighted in Only narrowly
Declaration yellow at Docket No. 587-14 tailored to
SEALED; remainder confidential business
UNSEALED. information.
583-16/587-15 Exhibit 12 to Chang Only designations highlighted in Only sealed portions
Declaration yellow at Docket No. 587-15 narrowly tailored to
SEALED; remainder confidential business
UNSEALED. information.
583-17/587-16 Exhibit 13 to Chang Only designations highlighted in Only sealed portions
Declaration yellow at Docket No. 587-16 narrowly tailored to
SEALED; remainder confidential business
UNSEALED. information.
583-18/587-17 Exhibit 14 to Chang Only designations highlighted in Only narrowly
Declaration yellow at Docket No. 587-17 tailored to
SEALED; remainder confidential business
UNSEALED. information.
585-3 Defendant's Motion to Designations highlighted in Sealed portions
Strike In Part the Avago green SEALED. narrowly tailored to
Entities' Infringement confidential business
Contentions information.
585-4 Exhibit 1 to Brandwajn Designations highlighted in Sealed portions
Declaration yellow SEALED. narrowly tailored to
confidential business
information.
585-5 Exhibit 2 to Brandwajn Designations highlighted in Sealed portions
Declaration yellow SEALED. narrowly tailored to
confidential business
information.
585-6 Exhibht 2, Ex. A and B to Designations highlighted in Sealed portions
Brandwajn Declaration yellow SEALED. narrowly tailored to
confidential business
information.
585-7 Exhibit 3 to Brandwajn Designations highlighted in Sealed portions
Declaration yellow SEALED. narrowly tailored to
confidential business
information.
585-8 Exhibit 4 to Brandwajn Designations highlighted in Sealed portions
Declaration yellow SEALED. narrowly tailored to
confidential business
information.
585-9 Exhibit 5 to Brandwajn Designations highlighted in Sealed portions
Declaration yellow SEALED. narrowly tailored to
confidential business
information.
585-10 Exhibit 6 to Brandwajn Designations highlighted in Sealed portions
Declaration yellow SEALED. narrowly tailored to
confidential business
information.
585-11 Exhibit 7 to Brandwajn Designations highlighted in Sealed portions
Declaration yellow SEALED. narrowly tailored to
confidential business
information.
585-12 Exhibit 8 to Brandwajn Designations highlighted in Sealed portions
Declaration yellow SEALED. narrowly tailored to
confidential business
information.
585-13 Exhibit 9 to Brandwajn Designations highlighted in Sealed portions
Declaration yellow SEALED. narrowly tailored to
confidential business
information.
585-14 Exhibit 10 to Brandwajn Designations highlighted in Sealed portions
Declaration yellow SEALED. narrowly tailored to
confidential business
information.
585-15 Exhibit 11 to Brandwajn Designations highlighted in Sealed portions
Declaration yellow SEALED. narrowly tailored to
confidential business
information.
585-16 Exhibit 12 to Brandwajn Designations highlighted in Sealed portions
Declaration yellow SEALED. narrowly tailored to
confidential business
information.
594-4 Declaration of Henning Designations highlighted in Sealed portions
Lysdal in Support of yellow SEALED. narrowly tailored to
Defendants' Motion to confidential business
Strike in Part the Avago information.
Entities' Infringement
Contentions
596-4 Plaintiffs' Motion to Designations highlighted in Sealed portions
Compel the Production of yellow SEALED. narrowly tailored to
Documents and Things confidential business
information.
596-6 Exhibit T to Hunacek SEALED. Only sealed portions
Declaration narrowly tailored to
confidential business
information.
601-4 Defendants' Opposition to Designations highlighted in Sealed portions
the Avago Entities' green SEALED. narrowly tailored to
Motion to Amend confidential business
Infringement Contentions information.
Pursuant to Patent L.R. 3-6
610-4 Avago's Reply Brief in Designations highlighted in Sealed portions
support of Motion To yellow SEALED. narrowly tailored to
Amend Infringement confidential business
Contentions information.
SO ORDERED.
FootNotes
1. See Docket Nos. 563.
2. 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)).
3. Id. (quoting Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1135 (9th Cir. 2003)).
4. Id. at 1178-79.
5. Apple Inc. v. Samsung Electronics Co., Ltd., 727 F.3d 1214, 1228-29 (Fed. Cir. 2013).
6. See id. at 1180.
7. Id. at 1179 (internal quotations and citations omitted).
8. Id.
9. 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).
10. Beckman Indus., Inc. v. Int'l Ins. Co., 966 F.2d 470, 476 (9th Cir. 1992).
11. See Kamakana, 447 F.3d at 1179-80.
12. 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.").
13. 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 "unreadacted 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).
14. Civ. L.R. 79-5(e)(1).