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)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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PROCONGPS, INC.,

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United States District Court
For the Northern District of California

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No. C 11-3975 SI

Plaintiff,

ORDER RE: STIPULATION TO FILE
UNDER SEAL

v.
STAR SENSOR, LLC, et al.,
Defendants.

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The parties have filed a stipulation to file under seal portions of the Joint Statement Regarding

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Discovery Dispute, as well as to file under seal portions of the attached exhibit. The stipulation states

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that the parties agree that the material at issue should be filed under seal on the ground that “Plaintiff

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believes good cause exists to prevent the disclosure of this confidential, proprietary, and financial

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information.” Docket 129 at 2:18-19.

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Generally, when applying to file documents under seal in connection with a non-dispositive

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motion, a showing of “good cause” under Federal Rule of Civil Procedure 26(c) is sufficient for the

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Court to file the documents under seal. Kamakana v. City and County of Honolulu, 447 F.3d 1172,

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1179-80 (9th Cir. 2006); see also Fed. R. Civ. P. 26(c). To show good cause, the parties must still make

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a “particularized showing” that “specific harm or prejudice will result if the information is disclosed.”

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Kamakana, 447 F.3d at 1179-80. “Simply mentioning a general category of privilege, without any

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further elaboration or any specific linkage with the documents, does not satisfy the burden.” Kamakana,

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447 F.3d at 1184. Neither do “‘broad allegations of harm, unsubstantiated by specific examples or

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articulated reasoning.’” Phillips v. GMC, 307 F.3d 1206, 1211 (9th Cir. 2002) (quoting Beckman Indus.,

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Inc. v. International Ins. Co., 966 F.2d 470, 476 (9th Cir. 1992)).

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The Court finds that the parties’ stipulation does not make a particularized showing of harm or

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prejudice that will result if the information is disclosed. Within five (5) days of the date of this Order,

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plaintiff must submit a declaration providing specific examples, supported by articulated reasoning,

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demonstrating why disclosure of the material at issue will result in harm or prejudice sufficient to permit

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filing that information under seal.

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IT IS SO ORDERED.

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Dated: February 26, 2013
SUSAN ILLSTON
United States District Judge

United States District Court
For the Northern District of California

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