Filed: Aug. 18, 2016
Latest Update: Aug. 18, 2016
Summary: ORDER REGARDING SEALING MOTIONS PERTAINING TO MOTIONS IN LIMINE [Re: ECF 224, 240, 251, 253, 254] 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 parties' motions in limine. ECF 224, 240, 251, 253, 254. 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 in
Summary: ORDER REGARDING SEALING MOTIONS PERTAINING TO MOTIONS IN LIMINE [Re: ECF 224, 240, 251, 253, 254] 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 parties' motions in limine. ECF 224, 240, 251, 253, 254. 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 ins..
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ORDER REGARDING SEALING MOTIONS PERTAINING TO MOTIONS IN LIMINE
[Re: ECF 224, 240, 251, 253, 254]
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 parties' motions in limine. ECF 224, 240, 251, 253, 254. 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. 79-5(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." 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 224
Identification of Description of Documents Court's Order
Documents to be Sealed
MIL No. 1. Redacted at Nortek confirms Defendants' request to seal the GRANTED as to
pgs.: 1:17, 21; 2:26-27, redactions to Motion in Limine No. 1 as to 1:17, 1:17, 3:8, 13, 15-18;
3:1-4, 5-6, 8, 13, 15-16, 3:8, 13, 15-18, 22-25, 4:1-2, 7-8, 10-11. Nortek 18, 22-25, 4:1-2,
16, 17, 17-18, 22-23; has additionally proposed redactions to 4:7-17. 7-8, 10-11, and
3:24-4:2; 4:7-8, 10-11, This language proposed for redaction contains 4:7-17 and
12-13, 14-15, 21-22; 5:7-8, confidential information about customer demand, DENIED as to
10, 11-12, 13. pricing, and internal market surveys. remainder.
MIL No. 2. Redacted at Nortek confirms Defendants' request to seal the GRANTED as to
pgs.: 3:4-5, 7-8, 8-11, 14-16, redactions to Motion in Limine No. 2 as to 3:7-11. 3:7-11 and
16, 17-19; 5:15-16, 17-18, The language proposed for redaction contains DENIED as to
18-19, 19-20. confidential excerpts from the deposition of Dr. remainder.
Prowse explaining confidential information about
customer demand.
MIL No. 3. Redacted at Nortek does not object to Motion in Limine No. 3 DENIED
pgs.: 2:21-22; 4:2, 3, 13-14, being filed publically.
14-15, 22-23, and 23-24.
MIL No. 4. Redacted at Nortek does not object to Motion in Limine No. 4 DENIED
pgs.: 2:23-25, 26-27, 28; being filed publically.
3:1-4, 10-11, 24-27; 3:28-4:2;
4:18-19, 21-22; 5:4,
8, 9-10.
Exhibits 1, 2, 3, 4, and 5 Confidential internal Nortek analysis that divulges GRANTED
to MIL No. 1 internal, competitive-analysis and technical
information regarding features included in various
projects
Exhibits 6, 7, 8, 9, and 10 Contains confidential business information GRANTED
to MIL No. 1 detailing Nortek's economic analysis, pricing, and
technical documents detailing design, components,
and technical features of specific Nortek products
and its customers' facilities including sensitive
details regarding customer pricing
Exhibit 13 to MIL No. 1 Contains confidential business information GRANTED
detailing both Nortek's economic analysis, pricing,
and products.
Exhibits 14, 15, 16, and Contains confidential business information GRANTED
17 to MIL No. 1 detailing Nortek's economic analysis, pricing, and
competition including sensitive details regarding
customer pricing.
Exhibit 18 to MIL No. 1 Nortek does not object to Exhibit 18 being filed GRANTED as to
publically. 18 and 13-17, 18
and DENIED as
Defendants' Confidential Information (or that of to remainder.
its customers) redacted at: 18 (technical
information); 13-17, 18 (customer information).
Exhibit 1 to MIL No. 2 Contains confidential business information GRANTED
detailing Nortek's economic analysis, pricing, and
technical documents detailing design, components,
and technical features of specific Nortek products
and their customers' facilities including sensitive
details regarding customer pricing
Exhibit 2 to MIL No. 2 Nortek does not object to Exhibit 2 being filed GRANTED as to
publically. 22 and DENIED
as to remainder.
Defendants' Confidential Information (or that of
its
customers) redacted at: 22 (financial information).
Exhibit 3 to MIL No. 2 Contains confidential business information GRANTED
detailing Nortek's economic analysis, pricing, and
technical documents detailing design, components,
and technical features of specific Nortek products
and their customers' facilities including sensitive
details regarding customer pricing
Exhibit 5 to MIL No. 2 Nortek does not object to Exhibit 5 being filed GRANTED as to
publically. 13-17, and 18
and DENIED as
Defendants' Confidential Information (or that of to remainder.
its customers) redacted at: 18, (technical
information); 13-17, 18 (customer information).
Exhibit 1 to MIL No. 3 Contains confidential business information GRANTED
detailing Nortek's economic analysis, pricing, and
technical documents detailing design, components,
and technical features of specific Nortek products
and their customers' facilities including sensitive
details regarding customer pricing
Exhibit 2 to MIL No. 3 Nortek does not object to Exhibit 2 being filed DENIED
publically.
Exhibit 3 to MIL No. 3 Contains confidential business information GRANTED
detailing design, components, internal business
analysis, and technical features of specific Nortek
products.
Exhibit 1 to Motion in Nortek does not object to Exhibit 1 being filed GRANTED as to
Limine No. 4 publically. 13 and 14, and
Exhibit 1 at 2-8,
Defendants' Confidential Information (or that of and DENIED as
its customers) redacted at: Pgs. 13 and 14, and to remainder.
Exhibit 1, Pgs. 2-8 (technical information);
Exhibit 1, pg. 2 (customer information)
Exhibit 2 to MIL No. 4 Nortek does not object to Exhibit 2 being filed DENIED
publically.
Exhibit 3 to MIL No. 4 Nortek does not object to Exhibit 3 being filed DENIED
publically.
Exhibit 4 to MIL No. 4 Contains confidential business information GRANTED
detailing Nortek's economic analysis, pricing, and
technical documents detailing design, components,
and technical features of specific Nortek products
and their customers' facilities including sensitive
details regarding customer pricing
Exhibit 5 to MIL No. 4 Nortek does not object to Exhibit 5 being filed DENIED
publically.
B. ECF 240
Identification of Description of Documents Court's Order
Documents to be Sealed
Opp. to Nortek's MIL Nortek does not object to this document being GRANTED as
No. 3 filed publically. to 3:3 and
DENIED as to
Defendants' Confidential Customer Information remainder.
Redacted at pgs.: 3:3.
Opp. to Nortek's MIL Contains confidential information about business GRANTED
No. 4 acquisitions, damages, pricing, and internal
business strategy. Nortek has additionally
proposed redactions to 1:7-16, 17-22, 24-27, 2:1-4,
12-20, 26-28, 3:1, 10-11, 12-14, 19-22, 23-25, and
4:23-24 as containing confidential information.
Opp. to Nortek's MIL Contains confidential information about damages GRANTED
No. 5 and litigation practices. Nortek has additionally
proposed redactions to 2:8 and 5:3 as containing
confidential information.
Exhibit 1 to Opp. to Contains confidential business information GRANTED
Nortek's MIL No. 1 detailing technical features of specific Nortek
products and brands, and their customers'
facilities.
Defendants' redactions are narrowly tailored and
limited to portions containing confidential Energy
Labs technical information or private third party
information.
Exhibit 3 to Opp. to Confidential business information detailing GRANTED
Nortek's MIL No. 1 revenue
Exhibit 8 to Opp. to Contains confidential excerpts from technical GRANTED
Nortek's MIL No. 1 documents detailing the design, components, and
technical features of specific Energy Labs air-handling
unit; information regarding its customers'
facilities, and confidential competitive analyses.
Exhibit 1 to Opp. to Contains confidential business information GRANTED
Nortek's MIL No. 2 detailing technical features of specific Nortek
products and brands, and their customers'
facilities.
Exhibit 2 to Opp. to Nortek does not object to this document being DENIED
Nortek's MIL No. 2 filed publically.
Exhibit 3 to Opp. to Confidential technical information concerning GRANTED
Nortek's MIL No. 2 Nortek products and systems.
Exhibit 4 to Opp. to Confidential technical information concerning GRANTED
Nortek's MIL No. 2 Nortek products and systems.
Exhibit 1 to Opp. to Confidential technical information concerning GRANTED
Nortek's MIL No. 3 Nortek products.
Exhibit 2 to Opp. to Nortek does not object to this document being DENIED
Nortek's MIL No. 3 filed publically.
Exhibit 1 to Opp. to Confidential internal Nortek business and pricing GRANTED
Nortek's MIL No. 4 analysis, along with damages calculations, that
would harm Nortek's business if publically filed
Exhibit 2 to Opp. to Confidential internal strategy memorandum for GRANTED
Nortek's MIL No. 4 Nortek and its internal brands.
Exhibit 4 to Opp. to Confidential financial information belonging to GRANTED
Nortek's MIL No. 4 Nortek
Exhibit 4: Exhibit 13 to Confidential internal Nortek analysis that divulges GRANTED
Opp. to Nortek's MIL internal, competitive-analysis and business
No. 4 agreement information
Exhibit 1 to Opp. to Nortek does not object to this document being DENIED
Nortek's MIL No. 5 filed publically.
Exhibit 6 to Opp. to Confidential internal Nortek business and pricing GRANTED
Nortek's MIL No. 5 analysis
Exhibit 7 to Opp. to Confidential internal Nortek business and pricing GRANTED
Nortek's MIL No. 5 analysis that would harm Nortek's business if
publically filed
Exhibit 8 to Opp. to Confidential consulting agreement GRANTED
Nortek's MIL No. 5
C. ECF 251, 253, 254
Identification of Description of Documents Court's Order
Documents to be Sealed
Nortek's Opp. to MIL Contains Nortek's confidential pricing GRANTED as to
No. 1 information. Nortek's
confidential
Defendants' confidential information is not information and
implicated at 4:13-18. DENIED as to
4:13-18.
Nortek's Opp. to MIL Contains Nortek's confidential business GRANTED
No. 2 agreements.
Defendants' confidential information redacted at:
2:1-2 (technical specifications); 2:8-14, 2:22-23,
2:25-27 (damages); 5:6-8, 5:9, 5:10, 5:13, 5:18
(business structure).
Nortek's Opp. to MIL Contains Nortek's confidential business GRANTED
No. 3 information and communications.
Defendants' confidential information redacted at:
1:23-2:2, 2:7-9, 2:12-14, 2:20-23, 4:18-23
(business information).
Nortek's Opp. to MIL Contains confidential technical information about GRANTED
No. 4 Temtrol System.
Defendants' confidential information is not
implicated at: 1:26-2:1, 2:2-5, 2:6-8 (technical
information); 2:9-10 (design information), 2:13,
2:17 (technical information); 4:12-15, 4:18-20,
4:23-24, 5:15 (design information).
Exhibit 1 to Nortek's Confidential information about Nortek's GRANTED
Opp. to MIL No. 1 business practices and pricing
Exhibit 2 to Nortek's Confidential information about Nortek's GRANTED
Opp. to MIL No. 1 competition and pricing information
Exhibit 3 to Nortek's Concerning confidential information about GRANTED
Opp. to MIL No. 1 Nortek's business practices, competitive pricing
Exhibit 4 to Nortek's Concerning confidential information about GRANTED
Opp. to MIL No. 1 Temtrol System, Nortek's business practices,
competitive pricing and market strategy, brand
management, and product analysis
Exhibit 5 to Nortek's Confidential information about business GRANTED
Opp. to MIL No. 1 agreements, Nortek products information and
technology analysis.
Exhibit 7 to Nortek's Contains confidential discussion regarding the GRANTED
Opp. to MIL No. 1 product design, components, and technical features
of Energy Labs products and specific customers'
air-handling units and facilities, and private third
party customer information
Exhibit 8 to Nortek's Contains confidential discussion regarding the GRANTED
Opp. to MIL No. 1 product design, components, and technical features
of Energy Labs products and specific customers'
air-handling units and facilities, and private third
party customer information
Exhibit 9 to Nortek's Proprietary information about Nortek's GRANTED
Opp. to MIL No. 1 competitive analysis, product analysis and
business strategy
Exhibit 11 to Nortek's Contains confidential business information about GRANTED
Opp. to MIL No. 1 Temtrol, Nortek's pricing structure, and customer
Information
Exhibit 12 to Nortek's Contains confidential discussion regarding the GRANTED
Opp. to MIL No. 1 product design, components, and technical features
of Energy Labs products and specific customers'
air-handling units and facilities, and private third
party customer information
Exhibit 14 to Nortek's Contains confidential discussion regarding the GRANTED
Opp. to MIL No. 1 design and technical features of Energy Labs
products and specific customers' air-handling units
and facilities, and private third party customer
information
Exhibit 3 to Nortek's Contains confidential business agreements GRANTED
Opp. to MIL No. 2
Exhibit 4 to Nortek's Contains confidential discussion regarding the GRANTED
Opp. to MIL No. 2 business operations and sales compositions for
Defendants
Exhibit 5 to Nortek's Contains confidential information regarding GRANTED
Opp. to MIL No. 2 Defendants financial and sales information, and
private third party information regarding
Defendants' customers
Exhibit 6 to Nortek's Contains confidential information about GRANTED
Opp. to MIL No. 2 Nortek's business agreements
Exhibit 7 to Nortek's Contains confidential information about GRANTED
Opp. to MIL No. 2 Nortek's business agreements
Exhibit 8 to Nortek's Contains confidential information regarding GRANTED
Opp. to MIL No. 2 Defendants financial and sales information, and
private third party information regarding
Defendants' customers
Exhibit 11 to Nortek's Contains confidential information regarding GRANTED
Opp. to MIL No. 2 Defendants financial and sales information,
employee compensation, and technical details
regarding specific customer's AHU installations
Exhibit 12 to Nortek's Contains confidential information regarding GRANTED
Opp. to MIL No. 2 Defendants business methods and processes, and
technical details regarding Defendants' product
offerings
Exhibit 1 to Nortek's Proprietary information about Nortek's products, GRANTED
Opp. to MIL No. 3 including their development
Exhibit 5 to Nortek's Contains confidential discussion regarding GRANTED
Opp. to MIL No. 3 development of Defendants' products
Exhibit 6 to Nortek's Contains confidential information about Nortek's GRANTED
Opp. to MIL No. 3 intellectual property in communication with
Energy Labs
Exhibit 7 to Nortek's Contains confidential discussion regarding GRANTED
Opp. to MIL No. 3 development of Defendants' products
Exhibit 9 to Nortek's Confidential internal analysis reflecting detailed GRANTED
Opp. to MIL No. 3 technical information regarding a specific
customer's air handling unit and installation
Exhibit 10 to Nortek's Confidential internal technology and product GRANTED
Opp. to MIL No. 3 analysis reflecting Energy Labs' investment of
financial and technical resources
Exhibit 11 to Nortek's Confidential information about Energy Labs' GRANTED
Opp. to MIL No. 3 business plans, financial information, and
competitive analysis
Exhibit 14 to Nortek's Contains confidential information about GRANTED
Opp. to MIL No. 3 Nortek's technical specifications
Exhibit 15 to Nortek's Contains confidential information about GRANTED
Opp. to MIL No. 3 Nortek's technical specifications
Exhibit 19 to Nortek's Confidential internal technology and product GRANTED
Opp. to MIL No. 3 analysis reflecting Energy Labs' investment of
financial and technical resources
Exhibit 20 to Nortek's Confidential discussion regarding Defendants' GRANTED
Opp. to MIL No. 3 products, confidential discussion regarding
Defendants' product design, and information
regarding Defendants' customers
Exhibit 1 to Nortek's Confidential discussion regarding the design, GRANTED
Opp. to MIL No. 4 components, and technical features of specific
Energy Labs air-handling unit and its customers'
facilities, and private third party customer
information, including the components used in and
structure of customers
Exhibit 2 to Nortek's Proprietary information about Nortek's products GRANTED
Opp. to MIL No. 4 and Temtrol System
III. ORDER
For the foregoing reasons, the sealing motions at ECF 224, 240, 251, 253, 254 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.
