Gerawan Farming, Inc. v. Prima Bella Produce, Inc.

Filing 72

ORDER Granting In Part and Denying In Part 70 Request to Seal signed by Magistrate Judge Jennifer L. Thurston on 5/13/2011. (Leon-Guerrero, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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GERAWAN FARMING, INC. a California
Corporation,

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Plaintiff,
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v.
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PRIMA BELLA PRODUCE INC., a
California Corporation,

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Defendant.

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Case No.: 1:10-CV-00148 LJO JLT
ORDER GRANTING IN PART AND
DENYING IN PART REQUEST TO SEAL
(Doc. 70)

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Before the Court is Defendant’s request to seal records (Doc. 70) filed in opposition to

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Plaintiff’s motion to quash the subpoena issued by Defendant to third-party witness, Gallina, Inc.

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(Doc.

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“A motion to seal documents that are not part of the judicial record, such as ‘private

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materials unearthed during discovery,’ is governed by Federal Rule of Civil Procedure 26(c).”

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Seals v. Mitchell, 2011 U.S. Dist. LEXIS 38654 at * 2-3 (N.D. Cal. Mar. 30, 2011). The Court

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may grant a protective order “to protect a party or person from annoyance, embarrassment,

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oppression, or undue burden or expense.” Pintos v. Pacific Creditors Ass'n, 605 F.3d 665, 678

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(9th Cir. 2010).

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To determine whether materials attached to a non-dispositive motion should be filed

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under seal, the Court must evaluate whether “‘'good cause’ exists to protect th[e] information

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from being disclosed to the public by balancing the needs for discovery against the need for

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confidentiality.’” Pintos, at 678 (quoting Phillips ex rel. Estates of Byrd v. Gen. Motors Corp.,

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307 F.3d 1206, 1213 (9th Cir. 2002)).

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Here, the documents sought to be sealed, in part, relate to proprietary information

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maintained by Plaintiff about its ongoing business operations. As a result, the Court finds good

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cause to ORDER the following pages SEALED:

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1.

The following pages of Defendant's Request to Seal Documents are SEALED:

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a.

Page 124 of Exhibit B to the Declaration of Andrew J. Gabel

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b.

The entirety of Exhibit C to the Declaration of Andrew J. Gabel

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c.

The Clerk of the Court is DIRECTED to file these pages under seal;

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2.

The following pages of Defendant’s Request to Seal Documents are NOT

SEALED:

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a.

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including pages 122-123, 125-126, 153-156, 159-167

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b.

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All remaining pages of Exhibit B to the Declaration of Andrew J. Gabel

Counsel for Defendant is ORDERED to file these pages in the public
docket.

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IT IS SO ORDERED.

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Dated: May 13, 2011
9j7khi

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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