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GSI TECHNOLOGY, INC. v. UNITED MEMORIES, INC., 5:13-cv-01081-PSG. (2015)

Court: District Court, N.D. California Number: infdco20150807859 Visitors: 7
Filed: Aug. 06, 2015
Latest Update: Aug. 06, 2015
Summary: ORDER RE: MOTIONS TO SEAL (Re: Docket Nos. 623, 626, 629, 654, 657, 658, 662, 665, 669, 674, 697, 702, 710, 722, 727) PAUL S. GREWAL , Magistrate Judge . Before the court are 15 administrative motions to seal many 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
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ORDER RE: MOTIONS TO SEAL (Re: Docket Nos. 623, 626, 629, 654, 657, 658, 662, 665, 669, 674, 697, 702, 710, 722, 727)

Before the court are 15 administrative motions to seal many 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 to Document to be Sealed Result Reason/Explanation Seal 623-5 GSI's Opposition to Designations highlighted in Only sealed portions UMI's Motion for blue SEALED; designations narrowly tailored to Summary Judgment highlighted in yellow at 8:11- confidential business 21, 23:9-11 SEALED; information, remainder UNSEALED. supported by a declaration and not publicly disclosed elsewhere in record. See, e.g., Docket Nos. 568-60; 652. 623-7 Exhibit A to Kim Designations highlighted in Only sealed portions Declaration purple SEALED, except narrowly tailored to 222:3-14 UNSEALED. confidential business information. 623-9 Exhibit B to Kim Designations highlighted in Sealed portions Declaration yellow SEALED. narrowly tailored to confidential business information. 623-10 Exhibit D to Kim UNSEALED. No supporting Declaration declaration filed. 623-11 Exhibit E to Kim UNSEALED. No supporting Declaration declaration filed. 623-12 Exhibit F to Kim UNSEALED. No supporting Declaration declaration filed. 623-14 Exhibit G to Kim Designations highlighted in Sealed portions Declaration purple SEALED. narrowly tailored to confidential business information. 623-15 Exhibit H to Kim UNSEALED. No supporting Declaration declaration filed. 623-16 Exhibit I to Kim SEALED. Sealed portions Declaration narrowly tailored to confidential business information. 623-17 Exhibit J to Kim SEALED. Sealed portions Declaration narrowly tailored to confidential business information. 623-18 Exhibit K to Kim SEALED. Sealed portions Declaration narrowly tailored to confidential business information. 623-19 Exhibit L to Kim UNSEALED. No supporting Declaration declaration filed. 623-20 Exhibit O to Kim SEALED. Sealed portions Declaration narrowly tailored to confidential business information. 623-21 Exhibit P to Kim SEALED. Sealed portions Declaration narrowly tailored to confidential business information. 623-22 Exhibit R to Kim SEALED. Sealed portions Declaration narrowly tailored to confidential business information. 623-23 Exhibit S to Kim UNSEALED. No supporting Declaration declaration filed. 626-5 Opposition to GSI's Designations highlighted in Only sealed portions Motion for Partial blue, yellow and purple narrowly tailored to Summary Judgment SEALED; remainder confidential business UNSEALED. information and supported by a declaration. 626-7 Exhibit AA to Baskin Designations highlighted in Sealed portions Declaration yellow and Depo Exs. 105, narrowly tailored to 106, 107 SEALED. confidential business information. 626-9 Exhibit BB to Baskin Designations highlighted in Sealed portions Declaration yellow SEALED. narrowly tailored to confidential business information. 626-11 Exhibit EE to Baskin Designations highlighted in Sealed portions Declaration yellow and Depo Ex. 180 narrowly tailored to SEALED. confidential business information. 626-13 Exhibit FF to Baskin Designations highlighted in Sealed portions Declaration yellow and Depo Exs. 179, narrowly tailored to 296 SEALED. confidential business information. 626-15 Exhibit GG to Baskin Designations highlighted in Sealed portions Declaration yellow and Depo Exs. 256, narrowly tailored to 257 SEALED. confidential business information. 626-17 Exhibit II to Baskin Designations highlighted in Sealed portions Declaration yellow and Depo Exs. 232, narrowly tailored to 233 SEALED. confidential business information. 626-19 Exhibit JJ to Baskin Designations highlighted in Sealed portions Declaration yellow SEALED. narrowly tailored to confidential business information. 626-21 Exhibit KK to Baskin Designations highlighted in Only sealed portions Declaration yellow and Depo Exs. 459 narrowly tailored to SEALED; remainder confidential business UNSEALED. information and supported by a declaration. 626-23 Exhibit LL to Baskin SEALED. Sealed portions Declaration narrowly tailored to confidential business information. 629-4 GSI's Opposition to Designations highlighted in Sealed portions ISSI's Motion for blue and yellow SEALED. narrowly tailored to Summary Judgment confidential business information. 629-6 Exhibit 2 to Kim Designations highlighted in Sealed portions Declaration yellow SEALED. narrowly tailored to confidential business information. 629-8 Exhibit 3 to Kim Designations highlighted in Sealed portions Declaration yellow and pink SEALED. narrowly tailored to confidential business information. 629-9 Exhibit 5 to Kim SEALED. Sealed portions Declaration narrowly tailored to confidential business information. 629-10 Exhibit 6 to Kim SEALED. Sealed portions Declaration narrowly tailored to confidential business information. 629-11 Exhibit 7 to Kim SEALED. Sealed portions Declaration narrowly tailored to confidential business information. 629-12 Exhibit 8 to Kim UNSEALED. No supporting Declaration declaration filed. 629-13 Exhibit 9 to Kim SEALED. Sealed portions Declaration narrowly tailored to confidential business information. 629-14 Exhibit 10 to Kim SEALED. Sealed portions Declaration narrowly tailored to confidential business information. 629-16 Exhibit 11 to Kim Designations highlighted in Sealed portions Declaration yellow SEALED. narrowly tailored to confidential business information. 629-17 Exhibit 12 to Kim SEALED. Sealed portions Declaration narrowly tailored to confidential business information. 629-18 Exhibit 13 to Kim SEALED. Sealed portions Declaration narrowly tailored to confidential business information. 629-19 Exhibit 13 to Kim SEALED. Sealed portions Declaration narrowly tailored to confidential business information. 629-21 Exhibit 14 to Kim Designations highlighted in Sealed portions Declaration blue SEALED. narrowly tailored to confidential business information. 629-22 Exhibit 16 to Kim SEALED. Sealed portions Declaration narrowly tailored to confidential business information. 629-23 Exhibit 17 to Kim SEALED. Sealed portions Declaration narrowly tailored to confidential business information. 629-24 Exhibit 18 to Kim SEALED. Sealed portions Declaration narrowly tailored to confidential business information. 629-25 Exhibit 19 to Kim SEALED. Sealed portions Declaration narrowly tailored to confidential business information. 629-26 Exhibit 20 to Kim SEALED. Sealed portions Declaration narrowly tailored to confidential business information. 629-27 Exhibit 21 to Kim SEALED. Sealed portions Declaration narrowly tailored to confidential business information. 629-29 Exhibit 22 to Kim Designations highlighted in Sealed portions Declaration yellow SEALED. narrowly tailored to confidential business information. 629-30 Exhibit 23 to Kim SEALED. Sealed portions Declaration narrowly tailored to confidential business information. 629-31 Exhibit 24 to Kim SEALED. Sealed portions Declaration narrowly tailored to confidential business information. 629-33 Exhibit 25 to Kim Designations highlighted in Only sealed portions Declaration purple and orange SEALED; narrowly tailored to remainder UNSEALED. confidential business information and supported by a declaration. 629-34 Exhibit 26 to Kim 117:2-118:8 SEALED; Sealed portions Declaration remainder UNSEALED. narrowly tailored to confidential business information. 629-35 Exhibit 27 to Kim SEALED. Sealed portions Declaration narrowly tailored to confidential business information. 629-36 Exhibit 28 to Kim SEALED. Sealed portions Declaration narrowly tailored to confidential business information. 629-37 Exhibit29 to Kim SEALED. Sealed portions Declaration narrowly tailored to confidential business information. 629-38 Exhibit 30 to Kim SEALED. Sealed portions Declaration narrowly tailored to confidential business information. 629-39 Exhibit 32 to Kim SEALED. Sealed portions Declaration narrowly tailored to confidential business information. 629-40 Exhibit 33 to Kim SEALED. Sealed portions Declaration narrowly tailored to confidential business information. 629-41 Exhibit 34 to Kim SEALED. Sealed portions Declaration narrowly tailored to confidential business information. 629-42 Exhibit 35 to Kim SEALED. Sealed portions Declaration narrowly tailored to confidential business information. 629-43 Exhibit 36 to Kim SEALED. Sealed portions Declaration narrowly tailored to confidential business information. 629-44 Exhibit 37 to Kim SEALED. Sealed portions Declaration narrowly tailored to confidential business information. 629-45 Exhibit 38 to Kim SEALED. Sealed portions Declaration narrowly tailored to confidential business information. 629-46 Exhibit 39 to Kim SEALED. Sealed portions Declaration narrowly tailored to confidential business information. 629-47 Exhibit 41 to Kim SEALED. Sealed portions Declaration narrowly tailored to confidential business information. 629-48 Exhibit 43 to Kim SEALED. Sealed portions Declaration narrowly tailored to confidential business information. 629-49 Exhibit 44 to Kim SEALED. Sealed portions Declaration narrowly tailored to confidential business information. 629-50 Exhibit 45 to Kim SEALED. Sealed portions Declaration narrowly tailored to confidential business information. 629-51 Exhibit 46 to Kim SEALED. Sealed portions Declaration narrowly tailored to confidential business information. 629-52 Exhibit 47 to Kim SEALED. Sealed portions Declaration narrowly tailored to confidential business information. 629-53 Exhibit 48 to Kim SEALED. Sealed portions Declaration narrowly tailored to confidential business information. 629-54 Exhibit 49 to Kim SEALED. Sealed portions Declaration narrowly tailored to confidential business information. 629-55 Exhibit 50 to Kim SEALED. Sealed portions Declaration narrowly tailored to confidential business information. 629-56 Exhibit 51 to Kim SEALED. Sealed portions Declaration narrowly tailored to confidential business information. 629-57 Exhibit 52 to Kim SEALED. Sealed portions Declaration narrowly tailored to confidential business information. 629-58 Exhibit 53 to Kim SEALED. Sealed portions Declaration narrowly tailored to confidential business information. 629-59 Exhibit 54 to Kim SEALED. Sealed portions Declaration narrowly tailored to confidential business information. 629-60 Exhibit 55 to Kim SEALED. Sealed portions Declaration narrowly tailored to confidential business information. 629-61 Exhibit 57 to Kim UNSEALED. No supporting Declaration declaration filed. 629-62 Exhibit 58 to Kim SEALED. Sealed portions Declaration narrowly tailored to confidential business information. 629-63 Exhibit 59 to Kim SEALED. Sealed portions Declaration narrowly tailored to confidential business information. 654-4 Reply in Support of Designations highlighted in Only sealed portions ISSI's Motion for yellow SEALED; narrowly tailored to Summary Judgment designations highlighted in confidential business purple at 5:4-5, 5:23; 6:23-24; information and 6:26 SEALED; remainder supported by a UNSEALED. declaration. 657-3 Exhibit A to Baskin Designations highlighted in Sealed portions Declaration yellow SEALED. narrowly tailored to confidential business information. 657-5 Exhibit B to Baskin Designations highlighted in Sealed portions Declaration yellow SEALED. narrowly tailored to confidential business information. 658-4 Reply in Support of GSI's Designations highlighted in Sealed portions Motion for Partial yellow SEALED. narrowly tailored to Summary Judgment confidential business Against UMI information. 658-5 Exhibit 81 to Kim UNSEALED. No supporting Declaration declaration filed. 658-6 Exhibit 82 to Kim SEALED. Sealed portions Declaration narrowly tailored to confidential business information. 662-4 ISSI's Responses to Designations highlighted in Only sealed portions Evidentiary Objections to yellow SEALED; remainder narrowly tailored to ISSI's Motion for UNSEALED. confidential business Summary Judgment information and supported by a declaration. 665-3 Reply in Support of UNSEALED. No supporting UMI's Motion for declaration filed. Summary Judgment 665-5 Exhibit A to Ramos UNSEALED. No supporting Declaration declaration filed. 669-5 Reply in Support of GSI's Designations highlighted in Only sealed portions Motion for Partial yellow SEALED except 3:9; narrowly tailored to Summary Judgment 5:5; 5:9-10; 5:12-13; 5:15; confidential business Against ISSI 5:16-17 UNSEALED; information and remainder UNSEALED. supported by a declaration. 669-6 Exhibit 90 to Kim SEALED. Sealed portions Declaration narrowly tailored to confidential business information. 669-7 Exhibit 91 to Kim SEALED. Sealed portions Declaration narrowly tailored to confidential business information. 669-8 Exhibit 92 to Kim SEALED. Sealed portions Declaration narrowly tailored to confidential business information. 669-9 Exhibit 93 to Kim SEALED. Sealed portions Declaration narrowly tailored to confidential business information. 669-11 Exhibit 96 to Kim Designations highlighted in Only sealed portions Declaration yellow and green SEALED; narrowly tailored to remainder UNSEALED. confidential business information and supported by a declaration. 669-13 Exhibit 100 to Kim Designations highlighted in Only sealed portions Declaration yellow at 61:3-4; 61:6-8; narrowly tailored to 61:12-13; 61:15-24; 62:1-11; confidential business 62:1-11; 62:15; 62:17-25 information and SEALED. supported by a declaration. 669-14 Exhibit 101 to Kim SEALED. Sealed portions Declaration narrowly tailored to confidential business information. 669-12 Exhibit 102 to Kim Designations highlighted in Sealed portions Declaration red and purple at 176:5-183:7; narrowly tailored to 184:4-188:24 SEALED. confidential business information. 669-18 Exhibit 103 to Kim Designations highlighted Sealed portions Declaration yellow SEALED. narrowly tailored to confidential business information. 669-20 Exhibit 104 to Kim Designations highlighted in Sealed portions Declaration yellow SEALED. narrowly tailored to confidential business information. 669-22 Exhibit 106 to Kim Designations highlighted in Sealed portions Declaration yellow SEALED. narrowly tailored to confidential business information. 669-23 Exhibit 108 to Kim SEALED. Sealed portions Declaration narrowly tailored to confidential business information. 674-4 Exhibit Y to Baskin UNSEALED. No supporting Declaration declaration filed. 674-6 Exhibit Z to Baskin UNSEALED. No supporting Declaration declaration filed. 674-8 Exhibit AA to Baskin SEALED. Sealed portions Declaration narrowly tailored to confidential business information. 674-10 Exhibit BB to Baskin UNSEALED. No supporting Declaration declaration filed. 674-12 Exhibit CC to Baskin SEALED. Sealed portions Declaration narrowly tailored to confidential business information. 674-14 Exhibit 1 to Kalakuntla SEALED. Sealed portions Declaration narrowly tailored to confidential business information. 674-16 Exhibit 2 to Kalakuntla SEALED. Sealed portions Declaration narrowly tailored to confidential business information. 697-4 Exhibit A to Baskin Designations highlighted in Sealed portions Declaration yellow SEALED. narrowly tailored to confidential business information. 697-6 Exhibit B to Baskin Designations highlighted in Sealed portions Declaration yellow SEALED. narrowly tailored to confidential business information. 697-8 Exhibit C to Baskin Designations highlighted in Sealed portions Declaration yellow SEALED. narrowly tailored to confidential business information. 697-10 Exhibit D to Baskin Designations highlighted in Sealed portions Declaration yellow SEALED. narrowly tailored to confidential business information. 697-12 Exhibit E to Baskin Designations highlighted in Sealed portions Declaration yellow SEALED. narrowly tailored to confidential business information. 697-14 Exhibit F to Baskin Designations highlighted in Only sealed portions Declaration yellow at 2:20-21; 3:15; 5:16- narrowly tailored to 20; 5:21-23; 6:4-26; 7:1-13; confidential business 7:22-24; 8:10; 8:16-19; 8:20- information and 21; 8:25-27; 9:1-8; 10:1-2; supported by a 15:5-13; 15:22-25; 16:1-2; declaration. 18:10-13; 19:1-2; 19:13-18; 29:14-17 SEALED; remainder UNSEALED. 697-16 Exhibit G to Baskin Designations highlighted in Sealed portions Declaration yellow SEALED. narrowly tailored to confidential business information. 697-18 Exhibit H to Baskin Designations highlighted in Sealed portions Declaration yellow SEALED. narrowly tailored to confidential business information. 697-20 Exhibit I to Baskin Designations highlighted in Sealed portions Declaration yellow SEALED. narrowly tailored to confidential business information. 697-22 Exhibit J to Baskin Designations highlighted in Sealed portions Declaration yellow SEALED. narrowly tailored to confidential business information. 697-24 Exhibit K to Baskin Designations highlighted in Sealed portions Declaration yellow SEALED. narrowly tailored to confidential business information. 697-26 Exhibit L to Baskin Designations highlighted in Sealed portions Declaration yellow SEALED. narrowly tailored to confidential business information. 697-28 Exhibit M to Baskin Designations highlighted in Sealed portions Declaration yellow SEALED. narrowly tailored to confidential business information. 697-30 Exhibit N to Baskin Designations highlighted in Sealed portions Declaration yellow SEALED. narrowly tailored to confidential business information. 702-4 Exhibit 1 to Dharnidharka Designations highlighted in Sealed portions Declaration yellow, pink and blue narrowly tailored to SEALED; remainder confidential business UNSEALED. information. 702-6 Exhibit 2 to Dharnidharka Designations highlighted in Sealed portions Declaration yellow, pink and blue narrowly tailored to SEALED; remainder confidential business UNSEALED. information. 702-8 Exhibit 3 to Dharnidharka Designations highlighted in Sealed portions Declaration yellow, pink and blue narrowly tailored to SEALED; remainder confidential business UNSEALED. information. 702-10 Exhibit 4 to Dharnidharka Designations highlighted in Sealed portions Declaration yellow SEALED; remainder narrowly tailored to UNSEALED. confidential business information. 702-12 Exhibit 5 to Dharnidharka Designations highlighted in Sealed portions Declaration yellow SEALED; remainder narrowly tailored to UNSEALED. confidential business information. 702-14 Exhibit 6 to Dharnidharka Designations highlighted in Sealed portions Declaration yellow SEALED; remainder narrowly tailored to UNSEALED. confidential business information. 702-16 Exhibit 7 to Dharnidharka Designations highlighted in Sealed portions Declaration yellow and blue SEALED; narrowly tailored to remainder UNSEALED. confidential business information. 702-19 Exhibit 8 to Dharnidharka Designations highlighted in Sealed portions Declaration pink SEALED. narrowly tailored to confidential business information. 702-20 Exhibit 8 to Dharnidharka Designations highlighted in Sealed portions Declaration pink SEALED. narrowly tailored to confidential business information. 702-21 Exhibit 9 to Dharnidharka Designations highlighted in Sealed portions Declaration pink SEALED. narrowly tailored to confidential business information. 710-4 Exhibit A (copy of Designations highlighted in Sealed portions Exhibit F to GSI's Letter yellow SEALED. narrowly tailored to Brief Seeking Order to confidential business Compel ISSI to Produce information. 30(b)(6)) 710-6 Exhibit B (copy of Designations highlighted in Sealed portions Exhibit 2 to Kim yellow SEALED. narrowly tailored to Declaration in support of confidential business GSI's Motion for Partial information. Summary Judgment Against ISSI) 722-4 GSI's Notice of Motion Designations highlighted in Only sealed portions and Motion for Sanctions yellow at 1:27-2:2 SEALED; narrowly tailored to remainder UNSEALED. confidential business information and supported by a declaration. 722-4 GSI's Memorandum of Designations highlighted in Only sealed portions Points and Authorities in yellow at 1:21-24; 1:28-2:1; narrowly tailored to Support of Motion for 3:9-4:7 SEALED; remainder confidential business Sanctions UNSEALED. information and supported by a declaration. 722-5 Exhibit A to 5:21-6:3; 7:3-8:7; 10:3-25:23 Only sealed portions Dharnidharka Declaration SEALED; remainder narrowly tailored to UNSEALED. confidential business information and supported by a declaration. 722-7 Exhibit B to Designations highlighted in Only sealed portions Dharnidharka Declaration yellow at 57:2-4; 58:2-7; narrowly tailored to 58:23-25; 81:20-83:12; 84:25- confidential business 85:5; 85:24-25; 89:25-91:25; information and 100:4-19; 100:13-102:21; supported by a 107:3-108:18; 113:17-114:12; declaration. 116:10-11; 116:22-117:9; 121:25; 123:4-8 SEALED; remainder UNSEALED. 722-9 Exhibit C to UNSEALED. No supporting Dharnidharka Declaration declaration filed. 722-10 Exhibit D to 89:22-94:25 SEALED; Only sealed portions Dharnidharka Declaration remainder UNSEALED. narrowly tailored to confidential business information and supported by a declaration. 727-3 ISSI's Motion for Designations highlighted in Only sealed portions Protective Order yellow SEALED. narrowly tailored to confidential business information and supported by a declaration. 727-5 Exhibit A to Baskin Designations highlighted in Sealed portions Declaration yellow at 5:21-6:3; 7:3-8:7; narrowly tailored to 10:3-25:23 SEALED. confidential business information. 727-7 Exhibit B to Baskin Charts in 7:19-18:18; 22:22- Only sealed portions Declaration 5:24 SEALED; remainder narrowly tailored to UNSEALED. confidential business information and supported by a declaration. 727-9 Exhibit C to Baskin 23:2, 23:5-6, 23:17-21, 23:24- Only sealed portions Declaration 25 SEALED; remainder narrowly tailored to UNSEALED. confidential business information and supported by a declaration. 727-11 Exhibit D to Baskin 11:19, 11:22-24, 12:5-9, Only sealed portions Declaration 12:12-13 SEALED; remainder narrowly tailored to UNSEALED. confidential business information and supported by a declaration. 727-13 Exhibit E to Baskin UNSEALED. No declaration filed. Declaration 727-15 Exhibit F to Baskin UNSEALED. No declaration filed. Declaration 727-17 Exhibit G to Baskin 366:1-367:2 SEALED; Only sealed portions Declaration remainder UNSEALED. narrowly tailored to confidential business information and supported by a declaration. 727-19 Exhibit H to Baskin 56:1-10; 57:2-4; 58:2-7; Only sealed portions Declaration 58:23-59:2; 59:25-6:3; 63:18- narrowly tailored to 64:1; 65:22-24; 66:18-21; confidential business 67:20-68:2; 69:23-70:1; 70:4- information and 70:12; 70:24-71:5; 72:21-24; supported by a 74:13-15; 76:16-22; 79:1- 12; declaration. 84:25-85:5; 85:24-25; 108:1-18 SEALED; remainder UNSEALED. 727-21 Exhibit Q to Baskin Portions highlighted in yellow Only sealed portions Declaration SEALED; remainder narrowly tailored to UNSEALED. confidential business information and supported by a declaration.

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).
Source:  Leagle

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