Filed: Oct. 21, 2015
Latest Update: Oct. 21, 2015
Summary: ORDER RE: MOTIONS TO SEAL (Re: Docket Nos. 786, 799, 889) PAUL S. GREWAL , Magistrate Judge . Before the court are three motions to file ten 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 dispo
Summary: ORDER RE: MOTIONS TO SEAL (Re: Docket Nos. 786, 799, 889) PAUL S. GREWAL , Magistrate Judge . Before the court are three motions to file ten 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 dispos..
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ORDER RE: MOTIONS TO SEAL (Re: Docket Nos. 786, 799, 889)
PAUL S. GREWAL, Magistrate Judge.
Before the court are three motions to file ten 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 courts rules on the instant motions as follows:
Motion Document to be Sealed Result Reason/Explanation
Docket No. ISSI's Motion to Exclude Designations Only sealed portions narrowly
786-5 Malackowski Report highlighted in blue tailored to confidential business
at information and supported by a
4:21; declaration.
12:11;
16:28-17:1;
in yellow at
4:22;
4:24;
4:27;
5:2;
5:14;
13:19-20;
in purple at
3:22-23;
4:7-8;
4:14-15;
12:13-14;
12:21-23;
13:11;
13:13;
13:14-17;
14:28-15:1;
15:5-8;
15:15-16;
in green at
12:10-12; and
13:26-28
SEALED; remainder
UNSEALED.
Docket No. Ex. A to Baskin Decl. In Designations Only sealed portions narrowly
786-7 Support Of ISSI's highlighted in tailored to confidential business
Motion to Exclude yellow, pink and information.
blue
SEALED; remainder
UNSEALED.
Docket No. Ex. B to Baskin Decl. In SEALED. Narrowly tailored to confidential
786-8 Support Of ISSI's business information.
Motion to Exclude
Docket No. Ex. C to Baskin Decl. In Designations Only sealed portions narrowly
786-10 Support Of ISSI's highlighted in purple tailored to confidential business
Motion to Exclude at information and supported by a
41:11-42:24; declaration.
85:1-13;
86:19-87:1;
88:14-22;
89:10-91:17;
97:12-25;
99:14-103:3;
126:1-127:24; and
129:1-22 SEALED;
remainder
UNSEALED.
Docket No. Ex. D to Baskin Decl. In Designations Only sealed portions narrowly
786-12 Support Of ISSI's highlighted in purple tailored to confidential business
Motion to Exclude at information and supported by a
118:5-8; declaration.
119:4-14
139:2-3; and
139:16-140:9
SEALED; remainder
UNSEALED.
Docket No. Ex. E to Baskin Decl. In SEALED. Narrowly tailored to confidential
786-13 Support Of ISSI's business information.
Motion to Exclude
Docket No. Ex. F to Baskin Decl. In Designations Only sealed portions narrowly
786-15 Support Of ISSI's highlighted in blue tailored to confidential business
Motion to Exclude at information.
150:1-151:11 and
152:14-25 SEALED
remainder
UNSEALED.
Docket No. Ex. H to Baskin Decl. In Designations Only sealed portions narrowly
786-16 Support Of ISSI's requested at tailored to confidential business
Motion to Exclude GSI10099382 information and supported by a
SEALED; remainder declaration.
UNSEALED.
Docket No. GSI's Trial Brief Designations Only sealed portions narrowly
799-4 highlighted in pink tailored to confidential business
at information and supported by a
7:2-3; declaration.
10:17-19;
13:23;
20:19-21:1;
21:5-6;
and designations
highlighted in
yellow at
5:6-9;
5:24-26;
6:19-21;
10:2;
10:8-9;
10:12-13;
10:19-12;
12:4-10;
18:7-8;
20:4-6;
20:10-13;
21:3-4; and
25:17-18 SEALED;
remainder
UNSEALED.
Docket No. July 17, 2015 Deposition Only sealed portions narrowly
889-4 of Expert Robert J. Designations requested tailored to confidential business
Murphy 134:22-135:4; at information and supported by a
135:9-24; declaration.
136:1-4;
136:12-137:11;
137:25-138:7;
138:22-139:4;
139:16-140:13;
150:2-151:9;
151:22-152:9;
154:7-9;
155:11-14;
156:8-16;
156:24-157:24;
160:10-162:5;
165:8-167:2;
168:5-22;
177:11-179:20;
182:13-184:5;
184:10-21;
185:1-16;
258:16-260:25;
338:1-24;
360:23-363:7;
364:18-365:11; and
368:5-368:25
SEALED; remainder
UNSEALED
SO ORDERED.