Baker v. Bayer HealthCare Pharmaceuticals Inc.

Filing 62

Order by Magistrate Judge Kandis A. Westmore denying 61 Administrative Motion to File Under Seal Without Prejudice.(kawlc2S, COURT STAFF) (Filed on 10/16/2014)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 NICOLE BAKER, Case No. 13-cv-00490-TEH (KAW) Plaintiff, 8 v. 9 10 United States District Court Northern District of California 11 BAYER HEALTHCARE PHARMACEUTICALS INC., ORDER DENYING ADMINISTRATIVE MOTION TO SEAL WITHOUT PREJUDICE Re: Dkt. No. 61 Defendant. 12 13 14 15 Defendant moves to file certain exhibits to the parties' September 4, 2014 joint discovery letter brief under seal. (Def.'s Mot., Dkt. No. 61.) In this district, requests to file documents under seal in civil cases are governed by Civil 16 Local Rule 79-5. That rule provides: "A sealing order may issue only upon a request that 17 establishes that the document, or portions thereof, are privileged, protectable as a trade secret or 18 otherwise entitled to protection under the law (hereinafter referred to as 'sealable'). The request 19 must be narrowly tailored to seek sealing only of sealable material . . . ." Civil L.R. 79-5(b). 20 It is evident from Defendant's filing that the instant motion is not "narrowly tailored to 21 seek sealing only of sealable material." Defendant asserts that confidential information is 22 highlighted in red in the exhibits it seeks to file under seal. (Def.'s Mot. at 1.) The highlighted 23 information, however, accounts for only a modest portion of the exhibits. Yet, Defendant seeks to 24 file the exhibits under seal in their entirety. This is inconsistent with Civil Local Rule 79-5(b). 25 Accordingly, Defendant's motion is denied without prejudice. Defendant may file a 26 renewed motion within 7 days of this order. That motion must comply with Civil Local Rule 79-5 27 and this Court's September 18, 2014 order, in which the Court required that any sales call notes be 28 annotated to include the relevant HIPAA provision that applies to the specific information 1 Defendant claims is protected. Defendant shall also file suitable chambers copies of any renewed 2 motion as required by Civil Local Rule 5-1. The parties are on notice that providing copies of the 3 first page of an exhibit on 36 x 48 inch paper is not acceptable. If Defendant does not file a 4 renewed motion within 7 days, the parties' discovery dispute will be deemed submitted. 5 6 7 8 IT IS SO ORDERED. Dated: 10/16/14 ______________________________________ KANDIS A. WESTMORE United States Magistrate Judge 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 2

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