Filed: Sep. 02, 2016
Latest Update: Sep. 02, 2016
Summary: ORDER GRANTING SEALING MOTIONS [Re: ECF 358, 359] BETH LABSON FREEMAN , District Judge . Before the Court are parties' administrative motions to file under seal portions of the Trial Transcripts consisting of testimony given while the courtroom was sealed to the public. ECF 358, 359. For the reasons stated below, the motions are GRANTED. I. LEGAL STANDARD "Historically, courts have recognized a `general right to inspect and copy public records and documents, including judicial records an
Summary: ORDER GRANTING SEALING MOTIONS [Re: ECF 358, 359] BETH LABSON FREEMAN , District Judge . Before the Court are parties' administrative motions to file under seal portions of the Trial Transcripts consisting of testimony given while the courtroom was sealed to the public. ECF 358, 359. For the reasons stated below, the motions are GRANTED. I. LEGAL STANDARD "Historically, courts have recognized a `general right to inspect and copy public records and documents, including judicial records and..
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ORDER GRANTING SEALING MOTIONS
[Re: ECF 358, 359]
BETH LABSON FREEMAN, District Judge.
Before the Court are parties' administrative motions to file under seal portions of the Trial Transcripts consisting of testimony given while the courtroom was sealed to the public. ECF 358, 359. For the reasons stated below, the motions are 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 the parties' sealing motions and respective declarations in support thereof. 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 358
Identification of Documents Description of Documents Court's Order
to be Sealed
Trial Transcript Vol. 4 (July Testimony relating to GRANTED.
27, 2016) confidential business
788:1-23, 25 (beginning after information of Defendant.
"with"); 789:1-3
Trial Transcript Vol. 6 (August Testimony relating to GRANTED.
1, 2016) confidential business
1318:12-19; 1319:1-13 information of Defendant.
(beginning after "an attorney"
on 1319:1), 17-22; 1320:6-14;
1399:13-17; 1399:21-1400:6
B. ECF 359
Identification of Documents Description of Documents Court's Order
to be Sealed
Trial Transcript Vol. 3 (July Testimony relating to GRANTED.
26, 2016) confidential business
348:9-10 (beginning after information of Plaintiff.
"about" and ending with
"Labs."); 348:18-20
(beginning after "reasons");
348:22-351:7; 368:6-8
(beginning after "2015");
368:18-372:24
Trial Transcript Vol. 4 (July Testimony relating to GRANTED.
27, 2016) confidential business
600:3-19 information of Plaintiff.
III. ORDER
For the foregoing reasons, the sealing motions at ECF 358, 359 are GRANTED.
IT IS SO ORDERED.
