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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1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 TD Professional Services, Plaintiff, 10 11 v. 12 Truyo Incorporated, et al., 13 Defendants. No. CV-22-00018-PHX-MTL ORDER 14 15 Before the Court is Defendant’s motion to seal (Doc. 156) Exhibit D in support of 16 its response to Plaintiff’s motion for sanctions (Doc. 154). The motion to seal is unopposed. 17 The public has a right to inspect and copy public judicial records and documents. 18 Nixon v. Warner Commc’ns, Inc., 435 U.S. 589, 567 (1978). Although that right is not 19 absolute, there is a “strong presumption in favor of access to court records.” Ctr. for Auto 20 Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 1096 (9th Cir. 2016) (quoting Foltz v. State 21 Farm Mut. Aut. Ins. Co., 331 F.3d 1122, 1135 (9th Cir. 2003)). The party seeking to seal a 22 judicial record bears the burden of overcoming that presumption by either showing 23 “compelling reasons” if the record is a dispositive motion or “good cause” if the record is 24 a non-dispositive motion. See Kamakana v. City & Cnty. of Honolulu, 447 F.3d 1172, 25 1179–80 (9th Cir. 2006); see also Ctr. for Auto Safety, 809 F.3d at 1096–97. 26 Defendants asks the Court to seal Exhibit D, which is part of its response to 27 Plaintiff’s motion for sanctions related to a discovery dispute—a non-dispositive motion. 28 (Doc. 156; Doc. 158.) 1 The Court finds good cause exists for filing Exhibit D under seal. Exhibit D contains 2 confidential financial and client information related to the Truyo Platform (see Doc. 158), 3 which if made public may cause Defendants competitive harm upon its public disclosure. 4 See BBK Tobacco & Foods LLP v. Cent. Coast Agric. Inc., 2021 WL 5578864, at *4 (D. 5 Ariz. Nov. 29, 2021) (“Past financial data may meaningfully predict a company’s future 6 business plans, such that public disclosure of such information may provide a competitive 7 advantage to a company’s competitors.” (cleaned up).) 8 Accordingly, 9 IT IS ORDERED granting Defendants’ motion to seal (Doc. 156). 10 11 12 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. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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