Juarez et al v. Jani-King of California, Inc. et al

Filing 169

ORDER by Judge Samuel Conti granting in part and denying in part 150 , 158 Administrative Motions to File Under Seal (sclc1, COURT STAFF) (Filed on 1/23/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District Court

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ALEJANDRO JUAREZ, MARIA JUAREZ,
LUIS A. ROMERO and MARIA PORTILLO,
individually and on behalf of all
others similarly situated,

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Plaintiffs,
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v.
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JANI-KING OF CALIFORNIA, INC., et. )
al,
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Defendants.
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Case No. 09-3495 SC
ORDER RE: ADMINISTRATIVE
MOTIONS TO FILE DOCUMENTS
UNDER SEAL

Now before the Court are two administrative motions to file

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documents under seal brought by Defendants Jani-King of California,

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Inc., et. al (collectively, "Jani-King") and Plaintiffs Alejandro

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Juarez, Maria Juarez, and Maria Portillo (collectively,

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"Plaintiffs").

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the reasons set forth below, these motions are GRANTED in part and

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DENIED in part.

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ECF No. 150 ("JK Mot."); 158 ("Pls. Mot.").

For

Jani-King moves to seal Exhibits 21 and 24 to the

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Declaration of Eileen Hunter ("Hunter") in support of Jani-King's

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Motion for Summary Judgment.

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On December 2, 2011, the Court denied Jani-King's motion but stated

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that it would reconsider its decision if Jani-King submitted

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additional briefing that articulated compelling reasons for sealing

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Exhibits 21 and 24.

See ECF No. 149-2 ("Hunter Decl.").

ECF No. 153.

Jani-King later submitted

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additional briefing explaining why Exhibit 21 should be sealed, but

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stated that it had nothing to add to its arguments regarding

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Exhibit 24.

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arguments, the Court GRANTS Jani-King's motion with respect to

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Exhibit 21 to the Hunter Declaration and DENIES Jani-King's motion

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with respect to Exhibit 24 to the Hunter Declaration.

ECF No. 154.

Having reviewed Jani-King's additional

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Plaintiffs move to seal Exhibits 10, 13, 14, 15, 18-20, 24,

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26-28, 31-35, and 37-39 to the declaration of Shannon Liss-Riordan

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("Liss-Riordan") in opposition to Jani-King's Motion for Summary

United States District Court

For the Northern District of California

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Judgment.

ECF No. 157 ("Liss-Riordan Decl.").

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been designated by Jani-King's counsel as "Confidential" pursuant

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to a protective order.

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many of the documents covered by Plaintiffs' motion need not be

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sealed.

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seal Exhibits 19, 28, and 31 to the Liss-Riordan Declaration.

Pls.' Mot. at 1.

Bundy Decl.1 ¶ 3.

These exhibits have

Jani-King concedes that

However, Jani-King asks the Court to

The Court has previously allowed Exhibits 28 and 31 to the

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Liss-Riordan Declaration to be filed under seal in connection with

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other motions.

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with respect to these documents.

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Declaration consists of emails sent by Jani-King's Vice President

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of Corporate Development and Vice President of Internal Operations

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in 2009.

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because they discuss confidential data regarding Jani-King contract

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sales and other information concerning Jani-King's policies and

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procedures.

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Jani-King's arguments, the Court fails to see a compelling reason

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Accordingly, the Court GRANTS Plaintiffs' motion
Exhibit 19 to the Liss-Riordan

Jani-King argues that these documents should be sealed

Bundy Decl. at 2.

Having reviewed Exhibit 19 and

Kerry L. Bundy ("Bundy"), counsel for Jani-King, submitted a
declaration regarding Plaintiffs' motion. ECF No. 161 ("Bundy
Decl.").
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for allowing these documents to be filed under seal. The

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purportedly confidential information in these documents does not

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rise to the level of a trade secret.

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Plaintiffs' motion with respect to Exhibit 19 to the Liss-Riordan

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Declaration.

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Accordingly, the Court DENIES

Jani-King also asks that Exhibit 13 be redacted before it is

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publicly filed.

Exhibit 13 is a Jani-King Franchise Call Log,

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which shows notes of calls between Jani-King and non-plaintiff

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Jani-King franchise owners or clients.

The log contains

United States District Court

For the Northern District of California

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information related to numerous franchise owners and customers who

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are not parties to this case, including personal telephone numbers.

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Accordingly, the Court ORDERS Plaintiffs to redact the personal

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telephone numbers listed in Exhibit 13 before publicly filing the

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exhibit.

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For the foregoing reasons, the Court GRANTS Jani-King's

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motion to file documents under seal as to Exhibit 21 of the Hunter

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Declaration.

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documents under seal as to Exhibits 28 and 31 to the Liss-Riordan

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Declaration.

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personal telephone numbers listed in Exhibit 13 to the Liss-Riordan

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Declaration before publicly filing the exhibit.

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Plaintiffs' motions are DENIED in all other respects.

The Court also GRANTS Plaintiffs' motion to file

The Court further ORDERS Plaintiffs to redact the

Jani-King and

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IT IS SO ORDERED.

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Dated:

January 23, 2012
UNITED STATES DISTRICT JUDGE

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