United States Of America v. Bazaarvoice, Inc.

Filing 160

ORDER REGARDING SEALING OF THIRD PARTY DOCUMENTS AND DEPOSITION TESTIMONY AT TRIAL. The courtroom will not be closed to the public during the trial. However, material designated as confidential will not be discussed during trial and it will not be published absent Court approval. The United States has indicated that it wishes the Court to review the videotaped depositions of the representatives of Reevoo, Demand Media, and AutoZone during the first week of trial. If Reevoo, Demand Media or Au toZone wish to supplement their motions to seal with respect to those depositions, they should do so no later than the close of business on Tuesday, September 24, 2013. To the extent either party has decreased the number of exhibits and/or transcript s containing confidential information that will be introduced from a particular company, the United States and Bazaarvoice, Inc. shall notify the affected third party on or before September 26, 2013, of their reduced, current exhibit list. Signed by Judge William H. Orrick on 09/20/2013.(jmdS, COURT STAFF) (Filed on 9/20/2013)

1
2
3
4
5

UNITED STATES DISTRICT COURT

6

NORTHERN DISTRICT OF CALIFORNIA

7
8

UNITED STATES OF AMERICA,

Case No. 13-cv-00133-WHO

Plaintiff,
9
v.
10
11

BAZAARVOICE, INC.,

ORDER REGARDING SEALING OF
THIRD PARTY DOCUMENTS AND
DEPOSITION TESTIMONY AT TRIAL

United States District Court
Northern District of California

Defendant.
12
13

Plaintiff United States and defendant Bazaarvoice, Inc. have identified documents and

14

deposition transcripts from third parties for use as trial exhibits at the upcoming trial, portions of

15

which third parties have designated as confidential pursuant to the Protective Order entered in this

16

matter. A number of the third parties have moved to seal those purportedly confidential

17

documents at trial, alleging that they contain trade secrets or other protectable information. On

18

September 19, 2013, the Court held a hearing to discuss the procedure for receiving the third

19

parties’ allegedly confidential material and for ruling on their motions to seal.

20

It is worth noting that there is a “strong presumption” in favor of maintaining public access

21

to trial proceedings and evidence. See Kamakana v. City & Cnty. of Honolulu, 447 F.3d 1172,

22

1178 (9th Cir. 2006). To overcome this strong presumption and seal trial evidence, a party must

23

articulate compelling reasons supported by specific factual findings. Id. Preventing the release of

24

trade secrets may constitute a compelling reason. Id. (citing Nixon v. Warner Commc'ns, Inc., 435

25

U.S. 589, 598 (1978)). But blanket allegations of trade secrets, without elaboration or specific

26

linkage with the evidence, does not satisfy the burden of articulating a compelling reason.

27

Kamakana, 447 F.3d at 1184. Further, a non-party’s reliance on a protective order “is not a

28

compelling reason that rebuts the presumption of access.” Id. at 1183.

In order to preserve whatever rights the third parties may have to maintain the

1
2

confidentiality of exhibits and testimony in question, and to insure public access to the

3

proceedings and the evidence, the Court will receive but not admit the third parties’ allegedly

4

confidential exhibits and deposition transcripts during trial. The courtroom will not be closed to

5

the public during the trial. However, material designated as confidential will not be discussed

6

during trial and it will not be published absent Court approval.
At the hearing on September 19, 2013, the Court indicated that it will rule on the

7
8

admissibility of the received exhibits and transcripts that are subject to a motion to seal, and on the

9

motions to seal, at the conclusion of the trial testimony, and that any third party wishing to
supplement its motion to seal must do so by October 3, 2013. 1 That will be the Order of the Court

11
United States District Court
Northern District of California

10

with the following exception: the United States has indicated that it wishes the Court to review the

12

videotaped depositions of the representatives of Reevoo, Demand Media, and AutoZone during

13

the first week of trial. The Court will rule on the requests to seal regarding those depositions after

14

reviewing the depositions. If Reevoo, Demand Media or AutoZone wish to supplement their

15

motions to seal with respect to those depositions, they should do so no later than the close of

16

business on Tuesday, September 24, 2013.
The United States and Bazaarvoice, Inc. shall continue to comply with the Protective

17
18

Order. To the extent either party has decreased the number of exhibits and/or transcripts

19

containing confidential information that will be introduced from a particular company, the United

20
21

22
23
24
25
26
27
28

1

The third parties shall ensure that their motions to seal are reflected on the Court’s ECF system.
Third parties who have relied upon hard copy filing shall review the electronic docket prior to
October 3, 2013 to verify that their pleadings are properly reflected in the record.
2

1

States and Bazaarvoice, Inc. shall notify the affected third party on or before September 26, 2013,

2

of their reduced, current exhibit list.

3
4
5
6
7

IT IS SO ORDERED.
Dated: September 20, 2013
______________________________________
WILLIAM H. ORRICK
United States District Judge

8
9
10

United States District Court
Northern District of California

11
12
13
14
15
16
17
18
19
20
21

22
23
24
25
26
27
28
3