Segan LLC v. Zynga Inc.

Filing 128

Order to Show Cause Why Motion to File Under Seal Documents re Plaintiff's Motion to Compel Should not Be Denied . Signed by Judge Joseph C. Spero on January 5, 2015. (jcslc1, COURT STAFF) (Filed on 1/5/2015)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7

SEGAN LLC,

Case No. 14-cv-01315-VC (JCS)
Plaintiff,

8
v.

11

ORDER TO SHOW CAUSE WHY
STIPULATED MOTION TO FILE
UNDER SEAL DOCUMENTS
REGARDING PLAINTIFF'S MOTION
TO COMPEL SHOULD NOT BE
DENIED

12

Re: Dkt. No. 124

9
10

ZYNGA INC,

United States District Court
Northern District of California

Defendant.

13
14

The parties have submitted a stipulated motion to filed documents under seal (“Motion”).

15

Docket No. 24. In the Motion, Segan states that the documents should be filed under seal because

16

they were designated by Zynga as being “HIGHLY CONFIDENTIAL -ATTORNEYS‟ EYES

17

ONLY” under the protective order in this case. The Motion fails to comply with this Court‟s

18

Local Rule 79-5(e), which governs filing material designated as confidential by another party

19

under seal.

20

In order to file documents related to a non-dispositive motion under seal, a party must

21

make “a particularized showing of „good cause‟ under Federal Rule of Civil Procedure 26(c).” In

22

re Midland Nat’l Life Ins. Co. Annuity Sales Practices Litig., 686 F.3d 1115, 1119 (9th Cir. 2012).

23

This Court‟s Civil Local Rules provide that such showing should be made by declaration, and that

24

“[r]eference to a stipulation or protective order that allows a party to designate certain documents

25

as confidential is not sufficient to establish that a document, or portions thereof, are sealable.”

26

L.R. 79-5(d)(1)(A). However, when a document contains information that an opposing party or

27

non-party has designated as confidential, the submitting party may meet its burden by following

28

the procedure set forth in Local Rule 79-5(e):

1
(e) Documents Designated as Confidential or Subject to a Protective
Order. If the Submitting Party is seeking to file under seal a
document designated as confidential by the opposing party or a nonparty pursuant to a protective order, or a document containing
information so designated by an opposing party or a non-party, the
Submitting Party‟s declaration in support of the Administrative
Motion to File Under Seal must identify the document or portions
thereof which contain the designated confidential material and
identify the party that has designated the material as confidential
(“the Designating Party”). The declaration must be served on the
Designating Party on the same day it is filed and a proof of such
service must also be filed.

2
3
4
5
6
7
8

L.R. 79-5(e). The burden shifts to the Designating Party to submit a declaration within four days

9

showing good cause why the material should be filed under seal. L.R. 79-5(e)(1).
Plaintiff is therefore ORDERED to show compliance with Local Rule 79-5 no later than

11
United States District Court
Northern District of California

10

January 9, 2015. If Plaintiff complies with the Local Rule, the Designating Party or Parties will

12

have four days from the date of Plaintiff‟s compliance to file declarations pursuant to Local Rule

13

79-5(e)(1).

14

IT IS SO ORDERED.

15
16
17
18

Dated: January 5, 2015
______________________________________
JOSEPH C. SPERO
United States Magistrate Judge

19
20
21

22
23
24
25
26
27
28
2