Filed: Aug. 18, 2016
Latest Update: Aug. 18, 2016
Summary: ORDER REGARDING ADMINISTRATIVE MOTION TO FILE UNDER SEAL PORTIONS OF NORTEK'S TRIAL BRIEF [Re: ECF 274] BETH LABSON FREEMAN , District Judge . Before the Court is Noretk's administrative motion to file under seal portions of its trial brief. ECF 274. For the reasons stated below, the motions is GRANTED. 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 an
Summary: ORDER REGARDING ADMINISTRATIVE MOTION TO FILE UNDER SEAL PORTIONS OF NORTEK'S TRIAL BRIEF [Re: ECF 274] BETH LABSON FREEMAN , District Judge . Before the Court is Noretk's administrative motion to file under seal portions of its trial brief. ECF 274. For the reasons stated below, the motions is GRANTED. 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..
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ORDER REGARDING ADMINISTRATIVE MOTION TO FILE UNDER SEAL PORTIONS OF NORTEK'S TRIAL BRIEF
[Re: ECF 274]
BETH LABSON FREEMAN, District Judge.
Before the Court is Noretk's administrative motion to file under seal portions of its trial brief. ECF 274. For the reasons stated below, the motions is GRANTED.
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 Nortek's sealing motion 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:
Identification of Documents Description of Documents Court's Order
to be Sealed
Nortek confidential Highly confidential financial GRANTED
information marked by information regarding
redactions at 7:8; 7:13; 7:22-25; proprietary intellectual
8:3; 8:5-6; 8:9-10; 8:22-23; property licenses between
9:16-17; 9:19 Nortek or Nortek affiliates and
third parties.
Defendants' information Contains confidential GRANTED
designated as "HIGHLY information regarding
CONFIDENTIAL — Defendants' financial and sales
ATTORNEYS' EYES ONLY" information
marked by redactions at
8:16-17; 8:26-28; 9:1-3, 9:10-12
III. ORDER
For the foregoing reasons, the sealing motion at ECF 274 is GRANTED.
IT IS SO ORDERED.
