Filed: Aug. 17, 2016
Latest Update: Aug. 17, 2016
Summary: ORDER REGARDING ADMINISTRATIVE MOTIONS TO SEAL [Re: ECF 47, 59] BETH LABSON FREEMAN , District Judge . Before the Court are the parties' administrative motions to file under seal portions of their briefing and exhibits in connection with the motion to stay or dismiss. ECF 47 AND 59. For the reasons stated below, the motions are GRANTED IN PART and DENIED IN PART. I. LEGAL STANDARD "Historically, courts have recognized a `general right to inspect and copy public records and documents, inc
Summary: ORDER REGARDING ADMINISTRATIVE MOTIONS TO SEAL [Re: ECF 47, 59] BETH LABSON FREEMAN , District Judge . Before the Court are the parties' administrative motions to file under seal portions of their briefing and exhibits in connection with the motion to stay or dismiss. ECF 47 AND 59. For the reasons stated below, the motions are GRANTED IN PART and DENIED IN PART. I. LEGAL STANDARD "Historically, courts have recognized a `general right to inspect and copy public records and documents, incl..
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ORDER REGARDING ADMINISTRATIVE MOTIONS TO SEAL
[Re: ECF 47, 59]
BETH LABSON FREEMAN, District Judge.
Before the Court are the parties' administrative motions to file under seal portions of their briefing and exhibits in connection with the motion to stay or dismiss. ECF 47 AND 59. For the reasons stated below, the motions are GRANTED IN PART and DENIED IN PART.
I. LEGAL STANDARD
"Historically, courts have recognized a `general right to inspect and copy public records and documents, including judicial records and documents.'" Kamakana v. City and Cnty. 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)). Consequently, access to motions and their attachments that are "more than tangentially related to the merits of a case" may be sealed only upon a showing of "compelling reasons" for sealing. Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 1101-02 (9th Cir. 2016). Filings that are only tangentially related to the merits may be sealed upon a lesser showing of "good cause." Id. at 1097.
In addition, sealing motions filed in this district must be "narrowly tailored to seek sealing only of sealable material." Civil L.R. 79-5(b). A party moving to seal a document in whole or in part must file a declaration establishing that the identified material is "sealable." Civ. L.R. 79-documents as confidential is not sufficient to establish that a document, or portions thereof, are sealable." Id.
II. DISCUSSION
The Court has reviewed the parties' sealing motions and respective declarations in support thereof. The Court finds the parties have articulated compelling reasons to seal certain portions of most of the submitted documents. The proposed redactions are also narrowly tailored. The Court's rulings on the sealing request are set forth in the tables below:
A. ECF 47
Identification of Documents Description of Documents Court's Order
to be Sealed
Cisco's Motion to Quote from or cite Exhibits 2 GRANTED
Stay/Dismiss at p. 2 ln. 17, 18-21, and 3 below
22-24
Exhibit 2 Confidential Arista business GRANTED
information regarding Arista's
product development process,
including details regarding
Arista's decision as to whether
to implement certain features
and comparisons between
Arista's and competitors'
products
Exhibit 3 Portions at 221-224 concern GRANTED except to pages
remarks made at conference 221-224.
and are not confidential.
The remainder of the exhibit
contains confidential Arista
business information regarding
Arista's product development
process, including comparison
of Arista's and competitors'
products
Exhibit 11 The excerpted portions do not DENIED because supporting
contain confidential Arista declaration states that the
business information excerpted portion does not
contain confidential
information.
Exhibit 13 at Pages 4-5, Highly sensitive business GRANTED
66-80, 83-85, 87-89, information, including
118-122, 126, 129, 146, confidential details on the
173-184, 186-188, 190, design and inner workings of
196-198, 200, 202-203, the EOS operating system
251-253, 266, 273
B. ECF 59
Identification of Documents Description of Documents Court's Order
to be Sealed
Arista's Opposition of Arista The Court previously found GRANTED
Networks, Inc. to Cisco's this information sealable as
Motion to Stay or Dismiss, at containing Cisco's confidential
1:9, 2:20-23, 7:26-27; and business information
13:5-7
Exhibit D Designated as Confidential or DENIED because supporting
Highly Confidential by Cisco. declaration agrees that this is
not sealable.
III. ORDER
For the foregoing reasons, the sealing motions are GRANTED IN PART and DENIED IN PART. 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.
