Illinois Union Insurance Company v. Intuitive Surgical, Inc.
Filing
159
ORDER GRANTING IN PART AND DENYING IN PART INTUITIVE'S MOTION TO FILE UNDER SEAL by Judge Jon S. Tigar; granting in part and denying in part 144 Administrative Motion to File Under Seal. (wsn, COURT STAFF) (Filed on 4/21/2016)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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ILLINOIS UNION INSURANCE
COMPANY, et al.,
Plaintiffs,
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INTUITIVE SURGICAL, INC.,
Re: ECF No. 144
Defendant.
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United States District Court
Northern District of California
ORDER GRANTING IN PART AND
DENYING IN PART INTUITIVE’S
MOTION TO FILE UNDER SEAL
v.
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Case No. 13-cv-04863-JST
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Intuitive Surgical, Inc. (“Intuitive”) moves to file under seal portions of its Opposition to
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Illinois Union Insurance Company’s (“Illinois Union”) and Navigators Specialty Insurance
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Company’s (“Navigators”) motions for summary judgment, as well as portions of the exhibits
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attached to Intuitive’s opposition briefs. ECF No. 144. Intuitive and Ironshore Specialty
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Insurance Company (“Ironshore”) have filed declarations in support of sealing. ECF Nos. 144-1,
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149. The Court grants the motion in part and denies the motion in part.
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A party seeking to seal a document filed with the court must (1) comply with Civil Local
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Rule 79-5; and (2) rebut the “a strong presumption in favor of access” that applies to all
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documents other than grand jury transcripts or pre-indictment warrant materials. Kamakana v.
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City & Cnty. of Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006) (citation and internal quotations
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omitted).
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With respect to the first prong, Local Rule 79-5 requires, as a threshold, a request that
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(1) “establishes that the document, or portions thereof, are privileged, protectable as a trade secret
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or otherwise entitled to protection under the law”; and (2) is “narrowly tailored to seek sealing
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only of sealable material.” Civil L.R. 79-5(b). An administrative motion to seal must also fulfill
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the requirements of Civil Local Rule 79-5(d). “Reference to a stipulation or protective order that
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allows a party to designate certain documents as confidential is not sufficient to establish that a
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document, or portions thereof, are sealable.” Civil L.R. 79-5(d)(1)(A).
With respect to the second prong, the showing required for overcoming the strong
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presumption of access depends on the type of motion to which the document is attached. “[A]
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‘compelling reasons’ standard applies to most judicial records.1 This standard derives from the
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common law right ‘to inspect and copy public records and documents, including judicial records
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and documents.’” Pintos v. Pac. Creditors Ass’n, 605 F.3d 665, 678 (9th Cir. 2010) (quoting
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Nixon v. Warner Commc’ns, Inc., 435 U.S. 589, 597 n.7 (1978)). To overcome this strong
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presumption, the party seeking to seal a judicial record must “articulate compelling reasons
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United States District Court
Northern District of California
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supported by specific factual findings that outweigh the general history of access and the public
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policies favoring disclosure.” Kamakana, 447 F.3d at 1178–79 (internal citations omitted).
After reviewing Intuitive’s motion to file under seal, the parties’ declarations in support of
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sealing, and the redacted and unredacted versions of the underlying exhibits, the Court concludes
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that only certain portions of the attached exhibits are properly sealable, as outlined in the table
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below. Regarding the portions that the Court has concluded are properly sealable, the Court finds
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that Intuitive’s requests are “narrowly tailored to seek sealing only of sealable material.” Civil
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L.R. 79-5(b). The Court also finds that Intuitive and/or Ironshore have articulated “compelling
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reasons” for sealing these portions. See ECF Nos. 144-1, 149.
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On the other hand, records attached to motions that are only “tangentially related to the merits of
a case” are not subject to the strong presumption of access. Ctr. for Auto Safety v. Chrysler Grp.,
LLC, 809 F.3d 1092, 1101 (9th Cir. 2016). Instead, a party need only make a showing under the
good cause standard of Rule 26(c) to justify the sealing of the materials. Id. at 1097. A court
may, for good cause, keep documents confidential “to protect a party or person from annoyance,
embarrassment, oppression, or undue burden or expense.” Fed. R. Civ. P. 26(c).
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DOCUMENT
Intuitive’s Opposition to
Illinois Union Motion
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PORTIONS SOUGHT TO BE
SEALED
Lines 3:14-15; 7:10; 7:14-16;
Denied: not supported by a
8:17-18; 8:21-22; 8:27-28; 9:1- declaration
2; 9:3-4; 9:6-7; 9:10-16; 10:14; 10:16-18; 11:6-9; 11:12-15;
11:17-24; 11:26; 12:1; 13:1519; 14:22-23; 14:25-28; 25:914
Lines 7:6
Denied: not supported by a
declaration
Lines 7:7-8
Denied: not supported by a
declaration
Lines 4:17-19
Granted
Lines 11:3-5
Denied: not supported by a
declaration
Line 11:26
Granted
Lines 17:27-28
Granted
Lines 19:18-21
Granted
Lines 4:12-17
Denied: not supported by a
declaration
Lines 6:1-2
Denied: not supported by a
declaration
Lines 15:4-7, 15:9-12; 15:1416; 15:18-19; 15:21-23; 15:2527
Denied: not supported by a
declaration
Lines 17:12-14
Denied: purported reasons for
sealing do not apply
Lines 19:17-19
Denied: not supported by a
declaration
Lines 32:7-8
Denied: not supported by a
declaration
Pages 107 and 188 of excerpts
from the certified deposition
transcript of Mark Cheffo
Granted
Entire Exhibit
Granted
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Intuitive’s Opposition to
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United States District Court
Northern District of California
GRANTED/DENIED
Navigators Motion
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Declaration of Erika E.
Schmidt In Support of
Intuitive’s Oppositions
to Illinois Union’s and
Navigators’ Motions
(“Schmidt Declaration”)
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Ex. 4 to Schmidt
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Declaration
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Ex. 6 to Schmidt
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Declaration
Page 43 of excerpts from the
certified deposition transcript
of Sara Hua Forum
Granted
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Ex. 8 to Schmidt
Granted
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Declaration
Pages 88 and 89 of excerpts
from the certified deposition
transcript of Mark Cheffo
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Ex. 11 to Schmidt
Granted
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Declaration
Pages 88 and 89 of excerpts
from the certified deposition
transcript of Mark Cheffo
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Ex. 12 to Schmidt
Entire Exhibit
Denied: not supported by a
declaration
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Declaration
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Ex. 13 to Schmidt
Entire Exhibit
Granted as to pages 14–21, 47–
48; denied as to the remainder as
not supported by a declaration
Deposition Exhibit 27
(IRONSHORE-SBP0000909;
IRONSHORE-SBP0000912929)
Granted as to IRONSHORESBP0000912-929; denied as to
IRONSHORE-SBP0000909 as
not supported by Intuitive’s
declaration
Excerpt at ISI-IRNSHR136610
Granted
ISI-IRNSHR-136621 – ISIIRNSHR-136632
Granted
All excerpts from the certified
deposition transcript of Alicia
Bromfield
Granted as to page 14–21, 42–43,
47–49; denied as to all other
portions as not supported by
Ironshore’s declaration
Pages 48-49 of excerpts from
the certified deposition
transcript of Alicia Bromfield
Granted
Deposition Exhibit 56
(IRONSHORE0002638 –
IRONSHORE0002654)
Denied: not supported by a
declaration
IRONSHORE0004860 –
IRONSHORE0002871
Granted
All excerpts from the certified
deposition transcript of James
Silas
Denied: not supported by a
declaration
Deposition Exhibit 323
(IUIC011660 – IUIC011661)
Granted
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10
Declaration
United States District Court
Northern District of California
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Ex. 14 to Schmidt
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Declaration
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Ex. 15 to Schmidt
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Declaration
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Ex. 16 to Schmidt
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Declaration
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Declaration
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10
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United States District Court
Northern District of California
Deposition Exhibit 125 (WS—
ACE00111 – WS-ACE00151)
Granted
Redactions throughout entire
exhibit
Granted
Deposition Exhibit 125 (WS—
ACE00111 – WS-ACE00151)
Granted
Redactions throughout
Deposition Exhibit 101 (WSACE00857 – WS-ACE00872)
Granted
Granted
Granted
Granted
All excerpts from the certified
deposition transcript of James
Silas and Laura Sunderlin
Ex. 18 to Schmidt
Granted
Denied: not supported by a
declaration
Deposition Exhibit 139 (IUIC
001750 – IUIC 001757)
Granted
Redactions throughout
Deposition Exhibit 101 (WSACE00857 – WS-ACE00872)
Granted
All excerpts from the certified
deposition transcript of Robert
Romeo; all excerpts from the
certified deposition transcript
of Andrew Barrengos
Denied: not supported by a
declaration
Deposition Exhibit 19
(IRONSHORE-SBP0001081 –
IRONSHORE-SBP0001120)
Granted as to Ironshore-SBP
1084; denied as to remainder as
not supported by a declaration
Declaration
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Pages 211 – 213, and 226 –
229 of excerpts from the
certified deposition transcript
of Regina Roque
Deposition Exhibit 129 (IUIC
001597 – IUIC 001605)
2
Granted
Deposition Exhibit 127 (IUIC
000625 – IUIC 000626)
Ex. 17 to Schmidt
WS-NAV00106 – WSNAV00143
Redactions throughout
Deposition Exhibit 126 (IUIC
000634 – IUIC 000634 – A13)
1
Ex. 19 to Schmidt
Declaration
Ex. 20 to Schmidt
Declaration
Ex. 21 to Schmidt
Declaration
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Ex. 22 to Schmidt
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Declaration
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26
27
Ex. 23 to Schmidt
Declaration
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Ex. 26 to Schmidt
4
Declaration
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Ex. 27 to Schmidt
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Entire Exhibit
Granted as to the insurance
application; denied as to the
deposition transcript as not
supported by a declaration
Deposition Exhibit Silas 349
(IUCI007878 -- IUIC007955)
Denied: not supported by a
declaration
Page 159 of excerpts from the
certified deposition transcript
of Brian Gawle
Granted
Granted
Pages 88 and 89 of excerpts
from the certified deposition
transcript of Mark Cheffo
Granted
All excerpts from the certified
deposition transcript of Sara
Roitman
Granted
Page 159 of excerpts from the
certified deposition transcript
of Brian Gawle
Granted
All excerpts from the certified
deposition transcript of James
Silas
Denied: not supported by a
declaration
Denied: not supported by a
declaration
All excerpts from the certified
deposition transcript of James
Silas
Denied: not supported by a
declaration
IRONSHORE-SBP0000203
Granted
Denied: not supported by a
declaration
Declaration
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8
9
10
11
United States District Court
Northern District of California
Denied: not supported by a
declaration
Declaration
3
All excerpts from the certified
deposition transcript of
Andrew Barrengos
IRONSHORE0006895
2
Granted
All excerpts from the certified
deposition transcript of
Andrew Barrengos
Ex. 24 to Schmidt
Deposition Exhibit 125 (WS—
ACE00111 – WS-ACE00151)
WS-NAV00106 – WSNAV00143
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Ex. 28 to Schmidt
Declaration
Ex. 30 to Schmidt
Declaration
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13
Ex. 33 to Schmidt
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Declaration
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Ex. 36 to Schmidt
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Declaration
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Ex. 39 to Schmidt
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Declaration
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Ex. 41 to Schmidt
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Declaration
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Ex. 42 to Schmidt
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Declaration
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Ex. 44 to Schmidt
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Declaration
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28
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Granted as to pages 7–8, 14–18,
167–168, and 234 of the Linda
McLaughlin deposition transcript;
denied as to the remainder of the
exhibit as not supported by a
declaration
Granted as to pages 7–8, 14–18,
167–168, and 234 of Linda
McLaughlin deposition transcript;
denied as to the remainder of the
exhibit as not supported by a
declaration
All excerpts from the certified
deposition transcript of
Andrew Barrengos
Denied: not supported by a
declaration
IRONSHORE0006895
Denied: not supported by a
declaration
IRONSHORE0007150
Granted
All excerpts from the certified
deposition transcript of Linda
McLaughlin
2
Granted as to pages 7–8, 14–18,
167–168, and 234 of the Linda
McLaughlin deposition transcript;
denied as to the remainder of the
exhibit as not supported by a
declaration
Pages 168, 234 from the
certified deposition transcript
of Linda McLaughlin
Ex. 45 to Schmidt
Entire Exhibit
Pages 167 from the certified
deposition transcript of Linda
McLaughlin
1
Granted as to pages 7–8 and 14–
18
Declaration
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6
7
8
9
10
United States District Court
Northern District of California
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12
Ex. 46 to Schmidt
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Declaration
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15
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18
19
Deposition Exhibit 18 (WSGranted
NAV00631 – WS-NAV00632)
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Ex. 47 to Schmidt
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Declaration
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Ex. 48 to Schmidt
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Declaration
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Ex. 49 to Schmidt
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Declaration
27
28
All excerpts from the certified
deposition transcript of
Andrew Barrengos
Denied: not supported by a
declaration
All excerpts from the certified
deposition transcript of James
Silas
Denied: not supported by a
declaration
All excerpts from the certified
deposition transcript of Laura
Sunderlin
Denied: not supported by a
declaration
Redactions throughout
Deposition Exhibit 126 (IUIC
000634 – IUIC 000634 – A13)
Granted
7
Deposition Exhibit 127 (IUIC
000625 – IUIC 000626)
Granted
Deposition Exhibit 139 (IUIC
001750 – IUIC 001757)
Granted
Deposition Exhibit 110 (IUIC
000666 -- 000666 A2)
Granted
Entire Exhibit
Denied for failure to narrowly
tailor portions sought to be sealed
Pages 50-53 of excerpts from
the certified deposition
transcript of Tristan Gabriel
(30(b)(6) witness)
Denied: not supported by a
declaration
All excerpts from the certified
deposition transcript of James
Silas
Denied: not supported by a
declaration
Pages 131-132 of excerpts
from the certified transcript of
Tristan Gabriel
Denied: not supported by a
declaration
WS-ACE00823 – WSACE00844
Granted
Pages 50-53 of excerpts from
the certified deposition
transcript of Tristan Gabriel
(30(b)(6) witness)
Denied: not supported by a
declaration
WS-ACE00823 – WSACE00844
1
Granted
Entire Exhibit
Denied: not supported by a
declaration
Pages 131-132 of excerpts
from the certified deposition
transcript of Tristan Gabriel
Denied: not supported by a
declaration
All excerpts from the certified
deposition transcript of James
Silas
Denied: not supported by a
declaration
2
3
4
5
Ex. 51 to Schmidt
6
Declaration
7
8
Ex. 52 to Schmidt
9
Declaration
Ex. 55 to Schmidt
11
United States District Court
Northern District of California
10
Declaration
12
13
Ex. 56 to Schmidt
Declaration
14
15
16
17
18
Ex. 57 to Schmidt
19
Declaration
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21
22
23
Ex. 59 to Schmidt
Declaration
24
Ex. 60 to Schmidt
25
Declaration
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27
28
8
Pages 131-132 of excerpts
from the certified deposition
transcript of Tristan Gabriel
Denied: not supported by a
declaration
All excerpts from the certified
deposition transcript of James
Silas
Denied: not supported by a
declaration
Pages 50-53 of excerpts from
the certified deposition
transcript of Tristan Gabriel
(30(b)(6) witness)
Denied: not supported by a
declaration
Deposition Exhibit 393
(IUIC020789 -- IUIC020798)
Granted
Entire Exhibit
Denied: not supported by a
declaration
Deposition Exhibit 321
(IUIC011077 – IUIC011083)
Granted
Entire Exhibit
Denied: not supported by a
declaration
Deposition Exhibit 323
(IUIC011660)
Granted
Pages 58-61 of excerpts from
the certified deposition
transcript of Steven DiLiberto
Denied: not supported by a
declaration
Deposition Exhibit 350
(IUIC014675 – 14678)
Denied: not supported by a
declaration
22
Deposition Exhibit 324
(IUIC012349 – 12353)
Denied: not supported by a
declaration
23
24
Deposition Exhibit 356
(IUIC014697 – 14701)
Denied: not supported by a
declaration
25
Deposition Exhibit 357
(IUIC014702 -- 14707)
Denied: not supported by a
declaration
Deposition Exhibit 358
(IUIC014712 -- 14716)
Denied: not supported by a
declaration
1
Ex. 61 to Schmidt
2
Declaration
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4
5
Ex. 62 to Schmidt
6
Declaration
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8
9
10
Ex. 63 to Schmidt
Declaration
United States District Court
Northern District of California
11
12
13
14
Ex. 64 to Schmidt
15
Declaration
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17
18
19
20
21
26
27
Ex. 65 to Schmidt
Declaration
28
9
Deposition Exhibit 359
(IUIC014708 – 14711)
2
3
4
5
Ex. 66 to Schmidt
Declaration
6
7
8
9
10
United States District Court
Northern District of California
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12
13
14
15
16
17
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19
20
21
22
23
24
25
26
Ex. 67 to Schmidt
Declaration
Ex. 69 to Schmidt
Denied: not supported by a
declaration
All excerpts from the certified
deposition transcripts of James
Silas and Robert Romeo
1
Denied: not supported by a
declaration
Deposition Exhibit 326
(IUIC010958 – IUIC01096)
Granted
Deposition Exhibit 361
(IUIC014519 – IUIC014521)
Granted
Pages 226 – 229 of excerpts
from the certified deposition
transcript of Regina Roque
Granted
Entire Exhibit
Denied: not supported by a
declaration
Entire Exhibit
Denied: not supported by a
declaration
Entire Exhibit
Denied: not supported by a
declaration
All excerpts from the certified
deposition transcript of James
Silas
Denied: not supported by a
declaration
Entire Exhibit
Denied: not supported by a
declaration
Entire Exhibit
Denied: not supported by a
declaration
Entire Exhibit
Denied: not supported by a
declaration
Page 74 of excerpts from the
certified deposition transcript
of Laura Sunderlin
Granted
Pages 20-21 of excerpts from
the certified deposition
transcript of Tristan Gabriel
Denied: not supported by a
declaration
Declaration
Ex. 70 to Schmidt
Declaration
Ex. 71 to Schmidt
Declaration
Ex. 72 to Schmidt
Declaration
Ex. 74 to Schmidt
Declaration
Ex. 75 to Schmidt
Declaration
Ex. 76 to Schmidt
Declaration
Ex. 77 to Schmidt
Declaration
27
28
10
All excerpts from the certified
deposition transcript of James
Silas
2
3
Ex. 78 to Schmidt
4
Declaration
5
6
7
Ex. 79 to Schmidt
8
Declaration
9
Ex. 80 to Schmidt
Declaration
11
United States District Court
Northern District of California
10
Ex. 82 to Schmidt
12
Ex. 83 to Schmidt
14
Declaration
15
Ex. 85 to Schmidt
16
Ex. 86 to Schmidt
18
Ex. 87 to Schmidt
20
Ex. 89 to Schmidt
22
Declaration
23
Ex. 90 to Schmidt
24
Ex. 91 to Schmidt
26
Denied: not supported by a
declaration
Page 115 and 117 of excerpts
from the certified deposition
transcript of Laura Sunderlin
Granted
Entire Exhibit
Denied: not supported by a
declaration
All excerpts from the certified
deposition transcript of James
Silas
Denied: not supported by a
declaration
Entire Exhibit
Denied: not supported by a
declaration
Entire Exhibit
Denied: not supported by a
declaration
Entire Exhibit
Denied: not supported by a
declaration
All excerpts from the certified
deposition transcript of Tristan
Gabriel and James Silas
Denied: not supported by a
declaration
Entire Exhibit
Denied: not supported by a
declaration
Entire Exhibit
Denied for failure to narrowly
tailor portions sought to be sealed
Declaration
25
All excerpts from the certified
deposition transcript of James
Silas
Declaration
21
Denied: not supported by a
declaration
Declaration
19
Granted
Declaration
17
Page 74 of excerpts from the
certified deposition transcript
of Laura Sunderlin
Declaration
13
Denied: not supported by a
declaration
All excerpts from the certified
deposition transcript of James
Silas
1
Declaration
27
28
11
1
Ex. 92 to Schmidt
2
Ex. 94 to Schmidt
4
Ex. 95 to Schmidt
6
Ex. 96 to Schmidt
8
Ex. 97 to Schmidt
10
Denied: not supported by a
declaration
Entire Exhibit
Denied: not supported by a
declaration
Entire Exhibit
Denied: not supported by a
declaration
Entire Exhibit
Denied: not supported by a
declaration
IUIC014742 – IUIC014755
Denied: not supported by a
declaration
Entire Exhibit
Denied: not supported by a
declaration
Pages 138-140 of excerpts
from the certified deposition
transcript of Tristan Gabriel
Denied: not supported by a
declaration
Entire Exhibit
Denied: not supported by a
declaration
IUIC014717 – IUIC014741
Denied: not supported by a
declaration
Entire Exhibit
Denied: not supported by a
declaration
Page 88 of excerpts from the
certified deposition transcript
of Steven DiLiberto
Denied: not supported by a
declaration
Declaration
11
United States District Court
Northern District of California
Entire Exhibit
Declaration
9
Denied: not supported by a
declaration
Declaration
7
Entire Exhibit
Declaration
5
Denied: not supported by a
declaration
Declaration
3
Entire Exhibit
Ex. 98 to Schmidt
12
Declaration
13
Ex. 99 to Schmidt
14
Declaration
15
Ex. 100 to Schmidt
16
Declaration
17
Ex. 102 to Schmidt
18
Declaration
19
Ex. 103 to Schmidt
20
Declaration
21
Ex. 105 to Schmidt
22
Declaration
23
Ex. 109 to Schmidt
24
Declaration
25
26
Ex. 110 to Schmidt
Declaration
27
28
12
Ex. 118 to Schmidt
2
Ex. 119 to Schmidt
4
Ex. 121 to Schmidt
6
Ex. 122 to Schmidt
8
Ex. 123 to Schmidt
10
Denied: not supported by a
declaration
Entire Exhibit
Denied: not supported by a
declaration
Entire Exhibit
Denied: not supported by a
declaration
Entire Exhibit
Denied for failure to narrowly
tailor portions sought to be sealed
Entire Exhibit
Denied: not supported by a
declaration
Deposition Exhibit 402
(IUIC017666)
Denied for failure to narrowly
tailor portions sought to be sealed
All excerpts from the certified
deposition transcript of Steven
DiLiberto.
Denied: not supported by a
declaration
Denied for failure to narrowly
tailor portions sought to be sealed
Redactions throughout entire
exhibit
Granted
Page 5:24-6:2; 6:16-23; 9:14;
10:2-5; 10:21-24
Granted
WS-NAV00028 – WSNAV00068
Granted
Pages 105-107 of excerpts
from the certified deposition
transcript of Jeff Mayes
Denied: not supported by a
declaration
Declaration
11
United States District Court
Northern District of California
Entire Exhibit
Declaration
9
Denied: not supported by a
declaration
Declaration
7
Entire Exhibit
Declaration
5
Denied: not supported by a
declaration
Declaration
3
Entire Exhibit
Deposition Exhibit 402
(IUIC017666)
1
Ex. 124 to Schmidt
12
Declaration
13
Ex. 125 to Schmidt
14
Declaration
15
16
Ex. 126 to Schmidt
17
Declaration
18
19
20
21
22
23
24
Ex. 141 to Schmidt
Declaration
Ex. 142 to Schmidt
Declaration
Ex. 143 to Schmidt
Declaration
25
Ex. 144 to Schmidt
26
Declaration
27
28
13
2
Ex. 146 to Schmidt
4
Ex. 149 to Schmidt
6
Declaration
7
8
9
10
11
United States District Court
Northern District of California
Denied: not supported by a
declaration
All excerpts from the certified
deposition transcripts of
Regina Roque and Andrew
Barrengos
Denied: not supported by a
declaration
Granted
Page 127 of excerpts from the
certified deposition transcript
of Nicky Espinosa Hayes
Granted
Redactions throughout
Deposition Exhibit 101 (WSACE00857 – WS-ACE00872)
Granted
Denied: not supported by a
declaration
Pages 26-33 of excerpts from
the certified deposition
transcript of Regina Roque
Granted
Entire Exhibit
Denied: not supported by a
declaration
Declaration
5
Entire Exhibit
Declaration
3
Granted
Page 78 of excerpts from the
certified deposition transcript
of Robert Romeo
Ex. 145 to Schmidt
Entire Exhibit
Pages 74-81 of excerpts from
the certified deposition
transcripts of Regina Roque.
1
12
13
Ex. 150 to Schmidt
Declaration
Ex. 152 to Schmidt
Declaration
14
15
16
17
18
19
Ex. 157 to Schmidt
Declaration
Ex. 158 to Schmidt
Declaration
20
Deposition Exhibit 153 (WSGranted
NAV00607 – WS-NAV00608)
Deposition Exhibit 157 (WSACE00331 –WS-ACE00335)
Page 139 of excerpts from the
certified deposition transcript
of Andrew Barrengos
22
23
24
25
26
Ex. 159 to Schmidt
27
Granted
All excerpts from the certified
deposition transcript of Regina
Roque
21
Granted
Denied for failure to narrowly
tailor portions sought to be sealed
Entire Exhibit
Granted as to pages 7–8 and 14–
18 of the Linda McLaughlin
deposition transcript; denied as to
the remainder of the exhibit as not
supported by a declaration
Declaration
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14
Page 101 of excerpts from the
certified deposition transcript
of Linda McLaughlin
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2
3
Ex. 160 to Schmidt
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Granted
Entire Exhibit
Denied: not supported by a
declaration
Declaration
5
Regarding the documents for which the Court has granted Intuitive’s motion to seal, “the
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document filed under seal will remain under seal and the public will have access only to the
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redacted version, if any, accompanying the motion.” Civil L. R. 79-5(f)(1).
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With respect to many of the documents above, Intuitive sought to file the document under
seal because another party designated the material as confidential. Local Rule 79-5 requires that,
within four days of the filing of the administrative motion to file under seal, the designating party file a
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United States District Court
Northern District of California
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declaration establishing that the designated material is sealable. Only Ironshore filed such a
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declaration. ECF No. 149. With respect to those exhibits for which no supporting declaration was
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filed, the Court has denied Intuitive’s motion noting that the exhibit was “not supported by a
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declaration.” Should any party other than Ironshore wish to file a supporting declaration, the Court
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will reconsider Intuitive’s motion with respect to those exhibits identified in the newly filed
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17
18
19
20
21
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declaration(s). If no such declaration is filed within seven days of the filing date of this Order,
Intuitive may file the documents in the public record.
The Court will not consider those portions of the documents for which the Court has
denied Intuitive’s motion to seal unless Intuitive files the document in the public record without
the redactions the Court has rejected, in conformance with this Order, within fourteen days from
the date of this Order.
IT IS SO ORDERED.
Dated: April 21, 2016
______________________________________
JON S. TIGAR
United States District Judge
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