Filed: Apr. 05, 2016
Latest Update: Apr. 05, 2016
Summary: OMNIBUS ORDER REGARDING SEALING MOTIONS [Re: ECF 437, 444, 445, 455, 458, 461, 471, 474, 481] BETH LABSON FREEMAN , District Judge . Before the Court are nine administrative motions to file under seal in connection with the Special Master's Report and Recommendations regarding the parties' Motions for Summary Judgment, ECF 437, 444, 445, 455, 458, 461, and Motions in Limine, ECF 471, 474, 481. For the reasons stated herein, the motions are GRANTED. I. LEGAL STANDARD Unless a particular
Summary: OMNIBUS ORDER REGARDING SEALING MOTIONS [Re: ECF 437, 444, 445, 455, 458, 461, 471, 474, 481] BETH LABSON FREEMAN , District Judge . Before the Court are nine administrative motions to file under seal in connection with the Special Master's Report and Recommendations regarding the parties' Motions for Summary Judgment, ECF 437, 444, 445, 455, 458, 461, and Motions in Limine, ECF 471, 474, 481. For the reasons stated herein, the motions are GRANTED. I. LEGAL STANDARD Unless a particular c..
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OMNIBUS ORDER REGARDING SEALING MOTIONS [Re: ECF 437, 444, 445, 455, 458, 461, 471, 474, 481]
BETH LABSON FREEMAN, District Judge.
Before the Court are nine administrative motions to file under seal in connection with the Special Master's Report and Recommendations regarding the parties' Motions for Summary Judgment, ECF 437, 444, 445, 455, 458, 461, and Motions in Limine, ECF 471, 474, 481. For the reasons stated herein, the motions are GRANTED.
I. LEGAL STANDARD
Unless a particular court record is one `traditionally kept secret,'" a "strong presumption in favor of access" to judicial records "is the starting point." Kamakana v. City & Cnty. of Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006) (quoting Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1135 (9th Cir. 2003)). A party seeking to seal judicial records relating to a dispositive motion bears the burden of overcoming this presumption by articulating "compelling reasons supported by specific factual findings that outweigh the general history of access and the public policies favoring disclosure." Id. at 1178-79. Motions that are technically nondispositive may still require the party to meet the "compelling reasons" standard when the motion is more than tangentially related to the merits of the case. See Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 1101 (9th Cir. 2016). This standard is invoked "even if the dispositive motion, or its attachments, were previously filed under seal or protective order." Kamakana, 447 F.3d at 1179 (citing Foltz, 331 F.3d at 1136). Compelling reasons for sealing court files generally exist when such "`court files might have become a vehicle for improper purposes,' such as the use of records to gratify private spite, promote public scandal, circulate libelous statements, or release trade secrets." Id. (quoting Nixon v. Warner Commc'ns, Inc., 435 U.S. 589, 598 (1978)). However, "[t]he mere fact that the production of records may lead to a litigant's embarrassment, incrimination, or exposure to further litigation will not, without more, compel the court to seal its records." Kamakana, 447 F.3d at 1179.
In this District, parties seeking to seal judicial records must furthermore follow Civil Local Rule 79-5, which requires, inter alia, that a sealing request be "narrowly tailored to seek sealing only of sealable material." Civil L.R. 79-5(b) (emphasis added). Where the submitting party seeks to file under seal a document designated confidential by another party, the burden of articulating compelling reasons for sealing is placed on the designating party. Id. 79-5(e).
II. DISCUSSION
The Court has reviewed the parties' sealing motions and the declarations of the designating parties submitted in support. The Court finds the parties have articulated compelling reasons to seal certain portions of the submitted documents. The proposed redactions are also narrowly tailored. The Court's rulings on the sealing requests are set forth in the tables below:
A. ECF 437
Identification of Documents Description of Documents Court's Order
to be Sealed
Portions of the Report and Contains Defendant's GRANTED
Recommendations of the confidential, trade secret, and
Special Master regarding proprietary information
Motions for Summary regarding the accused
Judgment products, development, and
engineering practices that
could cause competitive harm
if disclosed; Contains
Plaintiff's confidential
information regarding business
strategies that could cause
competitive harm if publicly
disclosed
B. ECF 444
Identification of Documents Description of Documents Court's Order
to be Sealed
Portions of Plaintiff Finisar's Contains confidential, GRANTED
objections to Special Master's proprietary, and sensitive
Report and Recommendations technical from the Exhibits
below; competitive harm
would result if publicly
disclosed
Exhibit 1; Transcript of the Contains confidential GRANTED
Summary Judgment hearing information regarding Plaintiff
before the Special Master on Finisar's business strategies;
January 11, 2016 competitive harm would result
if disclosed
Exhibit 2; Transcript of Contains confidential and GRANTED
Evidentiary Objections hearing proprietary information
before the Special Master on regarding Nistica's products,
January 27, 2016 finances, and sensitive
business strategies and plans.
Nistica would face the risk of
competitive harm if this
information were to become
public.
Exhibit 3; Plaintiff Finisar's Contains confidential GRANTED
Summary Judgment Slides of information regarding Plaintiff
morning session of Summary Finisar's business strategies;
Judgment hearing competitive harm would result
if publicly disclosed
Exhibit 4; Plaintiff Finisar's Contains confidential and GRANTED
Summary Judgment Slides of proprietary information
afternoon session of Summary regarding Nistica's products,
Judgment hearing sales, and sensitive business
strategies and plans. Nistica
would face the risk of
competitive harm if
this information were to
become public
Exhibit 5; Plaintiff Finisar's Contains confidential and GRANTED
Summary Judgment Slides in proprietary information
Presentation Mode regarding Nistica's products,
sales, and sensitive business
strategies and plans. Nistica
would face the risk of
competitive harm if
this information were to
become public
Exhibit 10; Chart of Map of Contains confidential and GRANTED
Plaintiff Finisar's objections to proprietary information
the Special Master's Report regarding Nistica's products.
and Recommendations Nistica would face the risk of
competitive harm if this
information were to become
public.
C. ECF 445
Identification of Documents Description of Documents Court's Order
to be Sealed
Portions of Defendant Contains confidential, GRANTED
Nistica's objections to Special proprietary
Master's Report and
Recommendations
Exhibits 2, 7, 10, 11, 14, 17- Contains Defendant Nistica's GRANTED
20, 22, 24-26 to the Russell confidential, trade secret, and
Tonkovich Declaration in proprietary information
support of Defendant Nistica's relating to its products,
Objection development, and engineering
practices; Defendant would
suffer competitive injury if
publicly disclosed
Exhibits 3, 4, 13, 15 to Russell Discloses third party GRANTED
Tonkovich Declaration confidential information
D. ECF 455
Identification of Documents Description of Documents Court's Order
to be Sealed
Portions of Defendant Contains Defendant's GRANTED
Nistica's Response to Plaintiff confidential, trade secret,
Finisar's Objections to the proprietary, and information;
Report and Recommendations Defendant would suffer
of Special Master regarding competitive injury if publicly
Motions for Summary disclosed;
Judgment
Exhibits 2-7, 13-22 to the Contains confidential GRANTED
Kramer Declaration in support information and sensitive
of Defendant Nistica's business strategies and public
Response disclosure could result in
competitive harm
E. ECF 458
Identification of Documents Description of Documents Court's Order
to be Sealed
Portions of Plaintiff Finisar's Addresses, quotes from, cites, GRANTED
Response to Nistica's and discusses Nistica's
Objection to Special Master's confidential and proprietary
Report and Recommendations technical information
concerning the architecture and
operation of Nistica's products
F. ECF 461
Identification of Documents Description of Documents Court's Order
to be Sealed
Portions of Corrected Report Contains confidential GRANTED
and Recommendations of information and sensitive
Special Master Regarding business strategies and public
Motions for Summary disclosure could result in
Judgment competitive harm
G. ECF 471
Identification of Documents Description of Documents Court's Order
to be Sealed
Portions of the Proposed Joint Contains confidential and GRANTED
Pretrial Statement and Order sensitive financial information;
public disclosure could result
in competitive harm
Portions of Appendix A to Contains confidential and GRANTED
Proposed Joint Pretrial proprietary business, technical,
Statement and Order; Expert and financial information;
reports of Dr. Katherine Hall, public disclosure could result
Dr. Michael Tate, and Dr. in competitive harm
Benjamin Goldberg
Portions of Appendix B to Contains confidential and GRANTED
Proposed Joint Pretrial proprietary business, technical,
Statement and Order; Expert and financial information;
reports from Thomas C. public disclosure could result
Bennett, Dr. Keith Gooseen, in competitive harm
and Nisha M. Mody.
H. ECF 474
Identification of Documents Description of Documents Court's Order
to be Sealed
Exhibits 1-3, 7 in support of Contains confidential GRANTED
the Plaintiff Finisar's Motion information regarding
in Limine No. 1; Excerpts of confidential technical and
the deposition transcripts of business information
Christopher Brown, Jerry S. concerning business strategies
Rawls, Todd Swanson, and and plans, and sensitive
James Sirkis, Ph.D commercial information
regarding third parties to this
action; public disclosure could
result in competitive harm
Exhibit 4 in support of the Contains confidential GRANTED
Plaintiff Finisar's Motion in information regarding
Limine No. 1; Supplemental Plaintiff's business strategies
Expert Rebuttal Report of and plans; public disclosure
Nisha M. Mody, Ph.D., dated could result in competitive
November 9, 2015 harm
Exhibit 5 in support of the Contains confidential and GRANTED
Plaintiff Finisar's Motion in proprietary information
Limine No. 1; the Patent regarding business strategies
Purchase Agreement between and plans of Plaintiff and third
Finisar Corporation and party; public disclosure could
CiDRA Corporate Services cause competitive harm
Exhibit 6 in support of the Contains confidential GRANTED
Finisar's Motion in Limine No. information regarding
1; Supplemental Expert Report Plaintiff's business strategies
of Michael E. Tate, dated and plans; public disclosure
October 16, 2015 could cause competitive harm
Portions of Plaintiff Finisar's Cites and quotes to Plaintiff GRANTED
Motion in Limine No. 1; cites and third party confidential,
to or quotes from Exhibits 1-7 proprietary, and sensitive
information in the
abovementioned Exhibits
Exhibit 1 in support of Plaintiff Contains confidential technical GRANTED
Finisar's Motion in Limine No. information regarding
3; Defendant's Supplemental Nistica's products that could
Responses and Objections to cause significant competitive
Plaintiff Finisar Corporation's harm to Nistica if disclosed to
Interrogatory No. 18 the public
Exhibit 7 in support of the Contains confidential technical GRANTED
Plaintiff Finisar's Motion in information regarding
Limine No. 3; correspondence Nistica's products that could
between counsel for Finisar cause significant competitive
and counsel for Nistica, dated harm to Nistica if disclosed to
October 12, 2015 the public
Exhibit 8 in support of the C Contains confidential GRANTED
Plaintiff Finisar's Motion in technical information
Limine No. 3; correspondence regarding Nistica's products
between counsel for Finisar that could cause significant
and counsel for Nistica, dated competitive harm to Nistica if
October 29, 2015 disclosed to the public
Exhibit 10 in support of the Contains confidential GRANTED
Plaintiff Finisar's Motion in information regarding
Limine No. 3; excerpt of the confidential technical and
deposition transcript of Keith business information; public
Goossen, Ph.D. (October 21, disclosure could cause
2015) competitive harm
Portions of Plaintiff Finisar's Cites and quotes to Plaintiff GRANTED
Motion in Limine No. 3 and third party confidential,
proprietary, and sensitive
information in the
abovementioned Exhibits
(Exhibits 1, 7, 8, and 10 in
support of Plaintiff's Motion in
Limine No. 3)
Exhibits 1, 4 in support of the Contains confidential GRANTED
Plaintiff Finisar's Motion in information regarding
Limine No. 4; excerpts of the Plaintiff's business strategies
transcripts to the depositions of and plans; public disclosure
Jerry Rawls (July 31, 2015) could cause competitive harm
and Christopher Brown (June
9, 2015)
Exhibits 2, 3 in support of the Contains confidential GRANTED
Plaintiff Finisar's Motion in information regarding
Limine No. 4; internal Finisar Plaintiff's business strategies
emails dated September 8, and plans; public disclosure
2011 and July 26, 2013 could cause competitive harm
Portions of Plaintiff Finisar's Cites and quotes to Plaintiff GRANTED
Motion in Limine No. 4 confidential, proprietary, and
sensitive information in the
abovementioned Exhibits
(Exhibits 1-4 in support of
Plaintiff's Motion in Limine
No. 4)
Exhibits 1, 2 in support of the Contain confidential and GRANTED
Plaintiff Finisar's Motion in proprietary technical
Limine No. 5; internal Finisar information regarding
emails dated January 10, 2013 Plaintiff's products
and April 9, 2013
Portions of Plaintiff Finisar's Cites and quotes to Plaintiff GRANTED
Motion in Limine No. 5 confidential, proprietary, and
sensitive information in the
abovementioned Exhibits
(Exhibits 1, 2 in support of
Plaintiff's Motion in Limine
No. 5)
I. ECF 481
Identification of Documents Description of Documents Court's Order
to be Sealed
Portions of the Nistica's Contains confidential, trade GRANTED
Motions in Limine Nos. 1-5; secret, and proprietary product
information relating to
Defendant's products, as well
as projects, engineering
practices, business, and
marketing information; public
disclosure could result in
competitive harm
Exhibits 2-4 to the Declaration Contains confidential, trade GRANTED
of Robert Kramer in Support secret, and proprietary product
of Nistica's Motion in Limine information relating to
No. 1 Defendant's products, as well
as projects, engineering
practices, business, and
marketing information; public
disclosure could result in
competitive harm
Declaration of Thomas Bennett Contains confidential, trade GRANTED
in Support of Nistica's Motion secret, and proprietary product
in Limine No. 1 information relating to
Defendant's products, as well
as projects, engineering
practices, business, and
marketing information; public
disclosure could result in
competitive harm
Exhibits 1-2 to the Declaration Contains confidential, trade GRANTED
of Thomas Bennett in Support secret, and proprietary product
of Nistica's Motion in Limine information relating to
No. 1 Defendant's products, as well
as projects, engineering
practices, business, and
marketing information; public
disclosure could result in
competitive harm
Exhibits 1-2 to the Declaration Contains confidential, trade GRANTED
of Robert Kramer in Support secret, and proprietary product
of Nistica's Motion in Limine information relating to
No. 2 Defendant's products, as well
as projects, engineering
practices, business, and
marketing information; public
disclosure could result in
competitive harm
Exhibits 1-4 and 6-11 to the Contains confidential, trade GRANTED
Declaration of Robert Kramer secret, and proprietary product
in Support of Nistica's Motion information relating to
in Limine No. 3; Defendant's products, as well
as projects, engineering
practices, business, and
marketing information; public
disclosure could result in
competitive harm
Exhibit 1 to the Declaration of Contains confidential, trade GRANTED
Robert Kramer in Support of secret, and proprietary product
Nistica's Motion in Limine No. information relating to
4 Defendant's products, as well
as projects, engineering
practices, business, and
marketing information; public
disclosure could result in
competitive harm
Exhibits 1-4 to the Declaration Contains confidential, trade GRANTED
of Robert Kramer in Support secret, and proprietary product
of Nistica's Motion in Limine information relating to
No. 5 Defendant's products, as well
as projects, engineering
practices, business, and
marketing information; public
disclosure could result in
competitive harm
III. ORDER
For the foregoing reasons, the sealing motions at ECF 437, 445, 455, 458, 461, 471, 474, and 481 are GRANTED. Under Civil Local Rule 79-5(e)(2), for any request that has been denied because the party designating a document as confidential or subject to a protective order has not provided sufficient reasons to seal, the submitting party must file the unredacted (or lesser redacted) documents into the public record no earlier than 4 days and no later than 10 days form the filing of this order.
IT IS SO ORDERED.
