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CORNING OPTICAL COMMUNICATIONS WIRELESS LTD. v. SOLID, INC., 14-cv-03750-PSG. (2016)

Court: District Court, N.D. California Number: infdco20160106898 Visitors: 3
Filed: Jan. 05, 2016
Latest Update: Jan. 05, 2016
Summary: OMNIBUS ORDER RE: MOTIONS TO SEAL (Re: Docket Nos. 426, 440, 444, 447) PAUL S. GREWAL , Magistrate Judge . Before the court are four administrative motions to 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 di
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OMNIBUS ORDER RE: MOTIONS TO SEAL

(Re: Docket Nos. 426, 440, 444, 447)

Before the court are four administrative motions to 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 motions as follows:

Motion Document to be Sealed Result Reason/Explanation to Seal 426 Defendants' Motion for Designations highlighted in Only sealed portions Attorney's Fees yellow on pages v, 17-19 at narrowly tailored to Docket No. 426-5 SEALED; all confidential business other designations UNSEALED. information. The designating party has indicated that some designations may be filed publicly.15 426 Declaration of Christian Designations highlighted in Designated portions Platt in Support of yellow at Docket No. 426-8 narrowly tailored to Defendants' Motion for SEALED; all other designations confidential business Attorney's Fees UNSEALED. information. 426 Exhibit 9 to the Platt UNSEALED The designating party Declaration (TX 52) has indicated that the document may be filed publicly.16 426 Exhibit 10 to the Platt UNSEALED The designating party Declaration (TX 53) has indicated that the document may be filed publicly.17 426 Exhibit 11 to the Platt UNSEALED The designating party Declaration (TX 54) has indicated that the document may be filed publicly.18 426 Exhibit 12 to the Platt Designations highlighted in Only sealed portions Declaration (TX 58) black at Docket No. 453-3 narrowly tailored to SEALED; all other designations confidential business UNSEALED. information. 426 Exhibit 13 to the Platt Designations highlighted in Only sealed portions Declaration (TX 74) black at Docket No. 453-4 narrowly tailored to SEALED; all other designations confidential business UNSEALED. information. 426 Exhibit 14 to the Platt UNSEALED The designating party Declaration (TX 78) has indicated that the document may be filed publicly.19 426 Exhibit 15 to the Platt Docket No. 426-30 at Only sealed portions Declaration (TX 88) TX0088-003, TX0088-005 to -014, narrowly tailored to TX0088-016 to -018, TX0088-002 confidential business to -024 SEALED; all other information. designations UNSEALED. 426 Exhibit 16 to the Platt UNSEALED The designating party Declaration (excerpt of has indicated that the TX 97) document may be filed publicly.20 426 Exhibit 17 to the Platt UNSEALED The designating party Declaration (TX 111) has indicated that the document may be filed publicly.21 426 Exhibit 18 to the Platt UNSEALED The designating party Declaration (TX 112) has indicated that the document may be filed publicly.22 426 Exhibit 19 to the Platt UNSEALED The designating party Declaration (TX 113) has indicated that the document may be filed publicly.23 426 Exhibit 20 to the Platt UNSEALED The designating party Declaration (TX 116) has indicated that the document may be filed publicly.24 426 Exhibit 22 to the Platt UNSEALED The designating party Declaration (TX 2167) has indicated that the document may be filed publicly.25 426 Exhibit 23 to the Platt UNSEALED The designating party Declaration (TX 2169) has indicated that the document may be filed publicly.26 426 Exhibit 24 to the Platt UNSEALED Not narrowly tailored Declaration (TX 2286) to confidential business information. 426 Exhibit 28 to the Platt UNSEALED The designating party Declaration (O'Day Tr.) has indicated that the document may be filed publicly.27 426 Exhibit 29 to the Platt UNSEALED The designating party Declaration (Shapira Tr.) has indicated that the document may be filed publicly.28 426 Exhibit 42 to the Platt Contents of table on page I-108 Only sealed portions Declaration (AIPLA at Docket No. 426-69 SEALED; narrowly tailored to Report) all other designations information not UNSEALED. publicly available. 440 Trial Exhibit 155-16 UNSEALED No declaration in support filed with the court as required by Civ. L.R. 79-5(e)(1). 440 Trial Exhibit 155-62 UNSEALED No declaration in support filed with the court as required by Civ. L.R. 79-5(e)(1). 440 Trial Exhibit 203 UNSEALED No declaration in support filed with the court as required by Civ. L.R. 79-5(e)(1). 440 Trial Exhibit 206 UNSEALED No declaration in support filed with the court as required by Civ. L.R. 79-5(e)(1). 440 Trial Exhibit 253 UNSEALED No declaration in support filed with the court as required by Civ. L.R. 79-5(e)(1). 440 Trial Exhibit 263 UNSEALED No declaration in support filed with the court as required by Civ. L.R. 79-5(e)(1). 440 Trial Exhibit 293 SEALED except for pages 1, 5, Only sealed portions 7, 18, 19, 27 and 37. narrowly tailored to confidential business information and not previously disclosed at trial. 440 Trial Exhibit 294 SEALED except for pages 1, 7 Only sealed portions and 13. narrowly tailored to confidential business information and not previously disclosed at trial. 440 Trial Exhibit 361 SEALED except for pages 1, 2, Only sealed portions 4, 5, 10, 15 and 19. narrowly tailored to confidential business information and not previously disclosed at trial. 440 Trial Exhibit 362 SEALED except for page 1. Only sealed portions narrowly tailored to confidential business information and not previously disclosed at trial. 440 Trial Exhibit 363 SEALED except for pages 1, 2, Only sealed portions 3, 9, 10 and 11. narrowly tailored to confidential business information and not previously disclosed at trial. 440 Trial Exhibit 364 SEALED except for page 1. Only sealed portions narrowly tailored to confidential business information and not previously disclosed at trial. 440 Trial Exhibit 366 SEALED except for page 1. Only sealed portions narrowly tailored to confidential business information and not previously disclosed at trial. 440 Trial Exhibit 367 SEALED except for page 1. Only sealed portions narrowly tailored to confidential business information and not previously disclosed at trial. 440 Trial Exhibit 1019 SEALED Narrowly tailored to confidential business information. 440 Trial Exhibit 1036 SEALED except for rows 1 and Only sealed portions 2162. narrowly tailored to confidential business information and not previously disclosed at trial. 440 Trial Exhibit 1053 SEALED except for pages 1, 13, Only sealed portions 135, 201, 211, 214, 218, 248, narrowly tailored to 267, 272, 452, 468, 471, 490 and confidential business 532. information and not previously disclosed at trial. 444 Plaintiff's Opposition to Designations highlighted in Designated portions Motion for Attorney's Fees black at Docket No. 444-3 narrowly tailored to SEALED; all other designations confidential business UNSEALED. information. 447 Exhibit 10 to the Platt UNSEALED No declaration in Declaration (excerpts from support filed with the TX 54) court as required by Civ. L.R. 79-5(e)(1). 447 Exhibit 11 to the Platt Designations highlighted in Only sealed portions Declaration (TX 58) black at Docket No. 453-3 narrowly tailored to SEALED; all other designations confidential business UNSEALED. information. 447 Exhibit 12 to the Platt Designations highlighted in Only sealed portions Declaration (TX 74) black at Docket No. 453-4 narrowly tailored to SEALED; all other designations confidential business UNSEALED. information. 447 Exhibit 14 to the Platt UNSEALED No declaration in Declaration (TX 2167) support filed with the court as required by Civ. L.R. 79-5(e)(1).

SO ORDERED.

FootNotes


1. See Docket Nos. 426, 440, 444, 447.
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 "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).
14. Civ. L.R. 79-5(e)(1).
15. See Docket No. 432 at 2 n.1.
16. See id.
17. See id.
18. See id.
19. See id.
20. See id.
21. See id.
22. See id.
23. See id.
24. See id.
25. See id.
26. See id.
27. See id.
28. See id.
Source:  Leagle

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