Filed: Jul. 24, 2015
Latest Update: Jul. 24, 2015
Summary: OMNIBUS ORDER RE: MOTIONS TO SEAL (Re: Docket Nos. 441, 448, 455, 469) PAUL S. GREWAL , Magistrate Judge . Before the court are four administrative motions to seal 14 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 rela
Summary: OMNIBUS ORDER RE: MOTIONS TO SEAL (Re: Docket Nos. 441, 448, 455, 469) PAUL S. GREWAL , Magistrate Judge . Before the court are four administrative motions to seal 14 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 relat..
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OMNIBUS ORDER RE: MOTIONS TO SEAL
(Re: Docket Nos. 441, 448, 455, 469)
PAUL S. GREWAL, Magistrate Judge.
Before the court are four administrative motions to seal 14 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
441 Motion to Clarify Impact UNSEALED. No declaration in
of Court's Rulings on support filed with the
Scope court as required by
Civ. L.R. 79-5(e)(1).
441 Alternate Motion to Clarify UNSEALED. No declaration in
Impact of Court's Ruling support filed with the
court as required by
Civ. L.R. 79-5(e)(1).
441 Exhibit F UNSEALED. No declaration in
support filed with the
court as required by
Civ. L.R. 79-5(e)(1).
441 Exhibit G UNSEALED. No declaration in
support filed with the
court as required by
Civ. L.R. 79-5(e)(1).
441 Exhibit H UNSEALED. No declaration in
support filed with the
court as required by
Civ. L.R. 79-5(e)(1).
441 Exhibit I Monetary values in ¶¶ 9-12, 256, Narrowly tailored to
259, 266-70 and in nn. 365, 375-78 confidential business
78 at Docket No. 441-11 information.
SEALED; number of licenses
sold in ¶ 233 SEALED.
448 Exhibit 1 ¶ 86 at Docket No. 448-3 Only sealed portions
SEALED; all other portions narrowly tailored to
UNSEALED. confidential business
information.
455 Opposition to Plaintiffs' UNSEALED. No declaration in
Motion for Clarification support filed with the
court as required by
Civ. L.R. 79-5(e)(1).
455 Exhibit A UNSEALED. No declaration in
support filed with the
court as required by
Civ. L.R. 79-5(0(1).
455 Exhibit B UNSEALED. No declaration in
support filed with the
court as required by
Civ. L.R. 79-5(e)(1).
455 Exhibit C UNSEALED. No declaration in
support filed with the
court as required by
Civ. L.R. 79-5(e)(1).
455 Exhibit D UNSEALED. No declaration in
support filed with the
court as required by
Civ. L.R. 79-5(e)(1).
455 Exhibit E UNSEALED. No declaration in
support filed with the
count as required by
Civ. L.R. 79-5(e)(1).
469 Exhibit A UNSEALED. No declaration in
support filed with the
count as required by
Civ. L.R. 79-5(e)(1).
SO ORDERED.