Filed: Oct. 24, 2016
Latest Update: Oct. 24, 2016
Summary: ORDER RE SEALING MOTIONS [Re: ECF 367, 378, 380, 385, 387, 394, 396] BETH LABSON FREEMAN , District Judge . This order specifically addresses parties' administrative motions to file under seal portions of their briefing and exhibits in relation to the parties' motions for judgement as a matter of law and Defendants' motion for fees and bill of costs. For the reasons stated below, the motions are GRANTED. I. LEGAL STANDARD "Historically, courts have recognized a `general right to inspect
Summary: ORDER RE SEALING MOTIONS [Re: ECF 367, 378, 380, 385, 387, 394, 396] BETH LABSON FREEMAN , District Judge . This order specifically addresses parties' administrative motions to file under seal portions of their briefing and exhibits in relation to the parties' motions for judgement as a matter of law and Defendants' motion for fees and bill of costs. For the reasons stated below, the motions are GRANTED. I. LEGAL STANDARD "Historically, courts have recognized a `general right to inspect a..
More
ORDER RE SEALING MOTIONS
[Re: ECF 367, 378, 380, 385, 387, 394, 396]
BETH LABSON FREEMAN, District Judge.
This order specifically addresses parties' administrative motions to file under seal portions of their briefing and exhibits in relation to the parties' motions for judgement as a matter of law and Defendants' motion for fees and bill of costs. 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 in relation to their motions for judgment as a matter of law and good cause to seal certain portions of the submitted documents in relation to the motion for fees and bill of cost. The proposed redactions are also narrowly tailored. The Court's rulings on the sealing requests are set forth in the tables below:
A. ECF 367
Identification of Documents Description of Documents Court's Order
to be Sealed
Defendants' motion for fees Plaintiff has not filed a DENIED.
declaration in support of
sealing the highlighted
portions at 1:23-24; 2:1-2
(graphic), 3, 10, 17; 9:18, 19,
20, 21, 25-26; and 9:26-10:1.
Declaration of Brandon Brown Highlighted portions on page 4 GRANTED as to highlighted
In Support of Defendants' Bill contain private information of portions on page 4.
of Costs ("Brown Decl.") witnesses.
Exhibit A to the Brown Decl. Highlighted portions on pages GRANTED as to highlighted
(Deposition Costs) 2-19, 24-25, and 30-33 contain portions.
confidential taxpayer
information.
Exhibit C to the Brown Decl. Highlighted portions on pages GRANTED as to highlighted
(Witness Fees) 5, 7, 10, 12, 15, and 17 contain portions.
private information of
witnesses.
Exhibit D to the Brown Decl. Highlighted portions on pages GRANTED as to highlighted
(Trial Graphics Costs) 3 and 7 contain private portions.
information of third-parties.
Exhibit E to the Brown Decl. Highlighted portions on pages GRANTED as to highlighted
(Electronic Discovery Costs) 2-6 contain private information portions.
of third-parties.
Exhibit F to the Brown Decl. Highlighted portions on pages GRANTED as to highlighted
(Trial Printing Costs) 2-5 contain private information portions.
of third-parties.
Exhibit G to the Brown Decl. Highlighted portions on pages GRANTED as to highlighted
(Special Master Costs) 3, 5, 7, and 8 contain private portions.
information of third-party
Special Master.
B. ECF 378
Identification of Documents Description of Documents Court's Order
to be Sealed
Plaintiff's motion for judgment Highlighted portion at 16:2-4 GRANTED.
as a matter of law and motion (beginning with "And" and
for new trial ending with "right?") contains
Plaintiff's confidential
business information and
competitive analysis.
Plaintiff's motion for judgment Defendant does not seek to DENIED.
as a matter of law and motion seal highlighted portion at
for new trial 16:12-20 (beginning with "I"
and ending with "litigation").
C. ECF 380
Identification of Documents Description of Documents Court's Order
to be Sealed
Exhibit A to the Declaration of Plaintiff has not filed a DENIED.
Brandon Brown in support of declaration in support of
Defendants' renewed motion sealing this exhibit.
for judgment as a matter of law
("Brown Decl.") (DTX-1069)
Exhibit B to the Brown Decl. Plaintiff has not filed a DENIED.
declaration in support of
sealing this exhibit.
D. ECF 385
Identification of Documents Description of Documents Court's Order
to be Sealed
Exhibit C to the Declaration of Highlighted portions on pages GRANTED.
Brandon Brown in support of 5, 7, 10, 12, 15, and 17 contain
amended bill of costs ("Brown private information of
Decl.") (Witness Fees) witnesses.
Exhibit D to the Brown Decl. Highlighted portions on pages GRANTED.
(Trial Graphics Costs) 3 and 7 contain private
information of third-parties.
Exhibit G to the Brown Decl. Highlighted portions on pages GRANTED.
(Special Master Costs) 3, 5, 7, and 8 contain private
information of third-party
Special Master.
E. ECF 387
Identification of Documents Description of Documents Court's Order
to be Sealed
Plaintiff's opposition to Highlighted portion at 8:17-18 GRANTED.
Defendants' motion for fees (beginning with "prior" and
ending with "systems") contain
confidential and sensitive
licensing information.
Plaintiff's opposition to Defendant has not filed a DENIED.
Defendants' motion for fees declaration in support of
sealing the first four words of
line 15 on page 9.
F. ECF 394
Identification of Documents Description of Documents Court's Order
to be Sealed
Exhibit 8 to the Declaration of Plaintiff has not filed a DENIED.
Brandon Brown in support of declaration in support of
Defendants' opposition to sealing this exhibit.
Plaintiff's motion for judgment
as a matter of law ("Brown
Decl.")
Exhibit 9 to the Brown Decl. Plaintiff has not filed a DENIED.
declaration in support of
sealing this exhibit.
Exhibit 10 to the Brown Decl. Plaintiff has not filed a DENIED.
declaration in support of
sealing this exhibit.
Exhibit 15 to the Brown Decl. Plaintiff has not filed a DENIED.
declaration in support of
sealing this exhibit.
G. ECF 396
Identification of Documents Description of Documents Court's Order
to be Sealed
Exhibit 2 to the Declaration of Plaintiff has not filed a DENIED.
Brandon Brown in support of declaration in support of
Defendants' reply in support of sealing this exhibit.
Defendants' motion for fees
III. ORDER
For the foregoing reasons, the sealing motions at ECF 367, 378, 380, 385, 387, 394, 396 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.
