TD Professional Services v. Truyo Incorporated et al

Filing 165

ORDER granting 156 Motion to Seal Exhibit D to Response in Opposition to Motion for Sanctions. Signed by Judge Michael T Liburdi on 5/8/24. (MAP)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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TD Professional Services,
Plaintiff,

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v.

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Truyo Incorporated, et al.,

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Defendants.

No. CV-22-00018-PHX-MTL
ORDER

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Before the Court is Defendant’s motion to seal (Doc. 156) Exhibit D in support of

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its response to Plaintiff’s motion for sanctions (Doc. 154). The motion to seal is unopposed.

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The public has a right to inspect and copy public judicial records and documents.

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Nixon v. Warner Commc’ns, Inc., 435 U.S. 589, 567 (1978). Although that right is not

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absolute, there is a “strong presumption in favor of access to court records.” Ctr. for Auto

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Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 1096 (9th Cir. 2016) (quoting Foltz v. State

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Farm Mut. Aut. Ins. Co., 331 F.3d 1122, 1135 (9th Cir. 2003)). The party seeking to seal a

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judicial record bears the burden of overcoming that presumption by either showing

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“compelling reasons” if the record is a dispositive motion or “good cause” if the record is

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a non-dispositive motion. See Kamakana v. City & Cnty. of Honolulu, 447 F.3d 1172,

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1179–80 (9th Cir. 2006); see also Ctr. for Auto Safety, 809 F.3d at 1096–97.

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Defendants asks the Court to seal Exhibit D, which is part of its response to

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Plaintiff’s motion for sanctions related to a discovery dispute—a non-dispositive motion.

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(Doc. 156; Doc. 158.)

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The Court finds good cause exists for filing Exhibit D under seal. Exhibit D contains

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confidential financial and client information related to the Truyo Platform (see Doc. 158),

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which if made public may cause Defendants competitive harm upon its public disclosure.

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See BBK Tobacco & Foods LLP v. Cent. Coast Agric. Inc., 2021 WL 5578864, at *4 (D.

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Ariz. Nov. 29, 2021) (“Past financial data may meaningfully predict a company’s future

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business plans, such that public disclosure of such information may provide a competitive

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advantage to a company’s competitors.” (cleaned up).)

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Accordingly,

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IT IS ORDERED granting Defendants’ motion to seal (Doc. 156).

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IT IS FURTHER ORDERED directing the Clerk of Court to file under seal
Proposed Exhibit D (lodged January 25, 2024, at Doc. 158).
Dated this 8th day of May, 2024.

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