Kilopass Technology, Inc. v. Sidense Corporation

Filing 415

ORDER DENYING WITHOUT PREJUDICE THE PARTIES' MOTION TO SEAL 414 (Illston, Susan) (Filed on 6/9/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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United States District Court
For the Northern District of California

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ORDER DENYING WITHOUT
PREJUDICE THE PARTIES’ MOTION
TO SEAL

Plaintiff,

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Case No. C 10-02066 SI

KILOPASS TECHNOLOGY, INC.,

v.
SIDENSE CORPORATION,
Defendant.

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On June 6, 2014, the parties filed their joint case management statement. Docket No. 414-3.
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By the present motion, the parties move to file under seal portions of the joint case management
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statement. Docket No. 414.
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With the exception of a narrow range of documents that are “traditionally kept secret,” courts
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begin their sealing analysis with “a strong presumption in favor of access.” Foltz v. State Farm Mut.
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Auto. Ins., 331 F.3d 1122, 1135 (9th Cir. 2003). When applying to file documents under seal in
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connection with a dispositive motion, the submitting party bears the burden of “articulating compelling
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reasons supported by specific factual findings that outweigh the general history of access and the public
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policies favoring disclosure, such as the public interest in understanding the judicial process.”
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Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1178-79 (9th Cir. 2006) (internal quotations
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and citations omitted). However, when a party seeks to seal documents attached to a non-dispositive
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motion, a showing of “good cause” under Federal Rule of Civil Procedure 26(c) is sufficient. Id. at
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1179-80; see also Fed. R. Civ. P. 26(c). In addition, all requests to file under seal must be “narrowly
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tailored,” such that only sealable information is sought to be redacted from public access. Civil Local

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Rule 79-5(b). Because the joint case management statement is not a dispositive motion, the “good

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cause” standard applies.
In the declaration attached to the motion to seal, counsel for defendant Sidense Corp. states that

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the portions of the joint case management statement should be sealed because they were designated as

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“Highly Confidential — Outside Counsel Eyes Only” by plaintiff. Docket No. 414-1 Tadlock Decl. ¶ 2.

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However, good cause “cannot be established simply by showing that the document is subject to a

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protective order or by stating in general terms that the material is considered to be confidential, but

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rather must be supported by a sworn declaration demonstrating with particularity the need to file each

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document under seal.” Bain v. AstraZeneca LP, No. C 09-4147 CW, 2011 U.S. Dist. LEXIS 15965, at

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United States District Court
For the Northern District of California

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*2 (N.D. Cal. Feb. 7, 2011); see also Kamakana, 447 F.3d at 1180 (requiring a “particularized showing”

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to establish good case). Neither party has provided the Court with such a declaration. Therefore, the

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parties have failed to establish good cause for sealing the portions of the joint case management

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statement.

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Accordingly, the Court DENIES the parties’ motion to seal. Docket No. 414. This denial is

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without prejudice to the parties refiling their motion to seal, no later than June 12, 2014, in a format

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which is narrowly tailored and demonstrates “good cause” for sealing the documents.

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IT IS SO ORDERED.

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Dated: June 9, 2014
SUSAN ILLSTON
United States District Judge

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