IceMOS Technology Corporation v. Omron Corporation

Filing 49

ORDER: IT IS ORDERED that the stipulation for a confidentiality order (Doc. 45 ) is denied, without prejudice [see attached Order for details]. Signed by Senior Judge James A Teilborg on 10/2/18. (MAW)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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IceMOS Technology Corporation,
Plaintiff,

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Case No. CV 17-02575-PHX-JAT

v.

ORDER

Omron Corporation,
Defendant.

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The parties filed a stipulation for a confidentiality order (Doc. 45). The parties
intended to mark as confidential the following:
(a) information prohibited from disclosure by statute;
(b) information that reveals trade secrets;
(c) research, technical, commercial or financial information that the party has
maintained as confidential or is utilized by the party to maintain a competitive
advantage;
(d) medical information concerning any individual;
(e) personal identity information;
(f) income tax returns (including attached schedules and forms), W-2 forms and
1099 forms; or
(g) personnel or employment records of a person who is not a party to the case.
The parties offer no justification for why any of these categories of documents
need to be subject to a confidentiality order in this case. See AGA Shareholders, LLC v.
CSK Auto, Inc., 2007 WL 4225450, at *1 (D. Ariz. Nov. 28, 2007). Additionally,

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certain categories listed (such as personal identity information) are far too broad to

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qualify for protection.1 Id.

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The Court notes the parties also seek to mark confidential information they are

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prohibited by statute from disclosing. The Court does not see how such a provision is

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necessary because the information is by definition prohibited from disclosure. Thus,

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even if this Court were to permit the parties to mark such information as confidential,

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the Court would not be overriding the statute and permitting disclosure in the first

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instance.
Based on the foregoing,

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IT IS ORDERED that the stipulation for a confidentiality order (Doc. 45) is

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denied, without prejudice.
Dated this 2nd day of October, 2018.

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The parties may redact any information subject to Federal Rule of Civil
Procedure 5.2 without Court order.
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