Filed: Aug. 26, 2016
Latest Update: Aug. 26, 2016
Summary: MODIFIED ORDER REGARDING DEFENDANT'S SEALING MOTION [Re: ECF 379] BETH LABSON FREEMAN , District Judge . This order modifies the Court's prior order, ECF 488, pursuant to a letter from Third Party Dell, Inc. ("Dell"), directing the Court to a declaration in support of Defendant's motion to file under seal. ECF 390, 489. For the reasons stated below, the motion is GRANTED IN PART AND DENIED IN PART. I. LEGAL STANDARD "Historically, courts have recognized a `general right to inspect and co
Summary: MODIFIED ORDER REGARDING DEFENDANT'S SEALING MOTION [Re: ECF 379] BETH LABSON FREEMAN , District Judge . This order modifies the Court's prior order, ECF 488, pursuant to a letter from Third Party Dell, Inc. ("Dell"), directing the Court to a declaration in support of Defendant's motion to file under seal. ECF 390, 489. For the reasons stated below, the motion is GRANTED IN PART AND DENIED IN PART. I. LEGAL STANDARD "Historically, courts have recognized a `general right to inspect and cop..
More
MODIFIED ORDER REGARDING DEFENDANT'S SEALING MOTION
[Re: ECF 379]
BETH LABSON FREEMAN, District Judge.
This order modifies the Court's prior order, ECF 488, pursuant to a letter from Third Party Dell, Inc. ("Dell"), directing the Court to a declaration in support of Defendant's motion to file under seal. ECF 390, 489. For the reasons stated below, the motion is 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 sealing motion and Dell's declaration in support thereof. The Court finds that Dell has articulated compelling reasons to seal certain portions of the submitted documents. The proposed redactions are also narrowly tailored. The table below sets forth the Court's rulings on the sealing request directed to only two of the documents. The Court's prior order, ECF 488, governs the other documents to be sealed not addressed below.
A. ECF 378, 379
Identification of Documents Description of Documents Court's Order
to be Sealed
Declaration of John R. Black Dell supports the sealing of a GRANTED as to the
Jr. in Support of Defendant redacted portion of paragraph redacted portion of paragraph
Arista Networks, Inc.'s 298 on page 142. ECF 390-2. 298 on page 142; see prior
Opposition to Cisco's Motion The portion contains order, ECF 488, as to
for Summary Judgment and confidential customer remainder.
Arista's Summary Judgment information.
Motion ("Black Decl.") Ex. 1
("Black Opening Report")
Wong Decl. Ex. 5 (Excerpts Dell supports the sealing of GRANTED as to the
from Dell Corporate redacted portions at line 6 of redacted portions at line 6 of
Deposition Transcript) page 50 and line 12 of page page 50 and line 12 of page
54. ECF 390-1. The portions 54 and DENIED as to
contain confidential customer remainder.
information.
IT IS SO ORDERED.
