Colucci et al v. ZonePerfect Nutrition Company

Filing 92

ORDER for supplemental briefing re 87 Administrative Motion to File Under Seal PORTIONS OF PLAINTIFFS OPPOSITION TO DEFENDANT ZONEPERFECTS ADMINISTRATIVE MOTION FOR AN EVIDENTIARY HEARING ON CLASS CERTIFICATION ISSUES filed by Kimberly S. Sethavanish, 85 Administrative Motion to File Under Seal filed by ZonePerfect Nutrition Company. Signed by Judge Samuel Conti on 1/27/2014. (sclc1, COURT STAFF) (Filed on 1/27/2014)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 10 For the Northern District of California United States District Court 9 11 12 13 14 15 16 KIMBERLY S. SETHAVANISH, on behalf ) Case No. 12-2907-SC of themselves and all others ) ) ORDER RE: MOTIONS TO SEAL similarly situated, ) ) Plaintiff, ) v. ) ) ) ZONEPERFECT NUTRITION COMPANY, ) Defendant. ) ) 17 18 Now pending before the Court is Defendant's administrative 19 motion to file under seal portions of its sur-reply in opposition 20 to Plaintiff's motion for class certification("the sur-reply), as 21 well as Exhibits 18 and 19 to the Declaration of Janakan 22 Thiagarajah in support of the sur-reply. 23 before the Court is Plaintiff's administrative motion to file under 24 seal portions of its opposition to Defendant's administrative 25 motion for an evidentiary hearing on class certification and the 26 accompanying declaration of Michael D. Braun. 27 28 ECF No. 85. Also pending ECF No. 87. The motions are short and provide no explanation as to why the information at issue is protectable. Moreover, it is unclear how 1 the parties could plausibly contend that some of the relevant 2 information (including references to FDA regulations and the 3 location of Defendant's manufacturing facilities) should be sealed. 4 The parties appear to be working under the assumption that the 5 Court will rubberstamp any motion to seal they file. 6 declines to do so going forward. 7 significant administrative burden and undermines the public's right 8 to access documents filed in federal court. 9 The Court Sealing of documents entails a The Court advises the parties that calling something a trade United States District Court For the Northern District of California 10 secret does not make it so. 11 that information is not sealable merely because it is the subject 12 of a stipulated protective order. 13 stipulation, or a blanket protective order that allows a party to 14 designate documents as sealable, will not suffice to allow the 15 filing of documents under seal."); ECF No. 49 ("Stip. Protective 16 Order") ยง 12.3 ("a sealing order will issue only upon a request 17 establishing that the Protected Material at issue is privileged, 18 protectable as a trade secret, or otherwise entitled to protection 19 under the law"). 20 The Court also reminds the parties See Civ. L.R. 79-5(a) ("A Within five days of the signature date of this Order, one or 21 both parties may file a supplemental brief regarding the pending 22 motions to seal. 23 subject to the pending motions to seal and explain why that 24 information is protectable. 25 brief by the deadline set forth above, the pending motions shall be 26 denied. 27 moving paper or response is filed that meets these requirements. 28 With respect to trade secrets, the Court encourages Defendant to The brief shall describe the information that is If neither party files a supplemental Going forward, no motion to seal will be granted unless a 2 1 file declarations from an officer, director, or employee explaining 2 why the relevant information is a trade secret and how that 3 information is generally maintained. 4 5 IT IS SO ORDERED. 6 7 8 Dated: January 27, 2014 UNITED STATES DISTRICT JUDGE 9 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 3

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