Procongps, Inc. v. Star Sensor Technology, LLC., et al.,

Filing 131

ORDER RE: STIPULATION TO FILE UNDER SEAL (Illston, Susan) (Filed on 2/26/2013)

Download PDF
1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 PROCONGPS, INC., 9 United States District Court For the Northern District of California 10 11 12 No. C 11-3975 SI Plaintiff, ORDER RE: STIPULATION TO FILE UNDER SEAL v. STAR SENSOR, LLC, et al., Defendants. / 13 14 The parties have filed a stipulation to file under seal portions of the Joint Statement Regarding 15 Discovery Dispute, as well as to file under seal portions of the attached exhibit. The stipulation states 16 that the parties agree that the material at issue should be filed under seal on the ground that “Plaintiff 17 believes good cause exists to prevent the disclosure of this confidential, proprietary, and financial 18 information.” Docket 129 at 2:18-19. 19 Generally, when applying to file documents under seal in connection with a non-dispositive 20 motion, a showing of “good cause” under Federal Rule of Civil Procedure 26(c) is sufficient for the 21 Court to file the documents under seal. Kamakana v. City and County of Honolulu, 447 F.3d 1172, 22 1179-80 (9th Cir. 2006); see also Fed. R. Civ. P. 26(c). To show good cause, the parties must still make 23 a “particularized showing” that “specific harm or prejudice will result if the information is disclosed.” 24 Kamakana, 447 F.3d at 1179-80. “Simply mentioning a general category of privilege, without any 25 further elaboration or any specific linkage with the documents, does not satisfy the burden.” Kamakana, 26 447 F.3d at 1184. Neither do “‘broad allegations of harm, unsubstantiated by specific examples or 27 articulated reasoning.’” Phillips v. GMC, 307 F.3d 1206, 1211 (9th Cir. 2002) (quoting Beckman Indus., 28 Inc. v. International Ins. Co., 966 F.2d 470, 476 (9th Cir. 1992)). 1 The Court finds that the parties’ stipulation does not make a particularized showing of harm or 2 prejudice that will result if the information is disclosed. Within five (5) days of the date of this Order, 3 plaintiff must submit a declaration providing specific examples, supported by articulated reasoning, 4 demonstrating why disclosure of the material at issue will result in harm or prejudice sufficient to permit 5 filing that information under seal. 6 7 IT IS SO ORDERED. 8 9 Dated: February 26, 2013 SUSAN ILLSTON United States District Judge United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?