Doublevision Entertainment, LLC v. Navigators Specialty Insurance Company et al

Filing 26

ORDER APPROVING 24 STIPULATED PROTECTIVEORDER SUBJECT TOSTATED CONDITIONS.(whalc2, COURT STAFF) (Filed on 9/2/2014).

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 11 For the Northern District of California United States District Court 10 12 DOUBLEVISION ENTERTAINMENT, LLC, a Tennessee limited liability company, as assignee of COMMERCIAL ESCROW SERVICES, INC., a California corporation, and ANNETTE HARDSTONE, an individual, 13 14 15 16 17 18 Plaintiffs, No. C 14-02848 WHA ORDER APPROVING STIPULATED PROTECTIVE ORDER SUBJECT TO STATED CONDITIONS v. NAVIGATORS SPECIALTY INSURANCE COMPANY, a New York corporation, THE NAVIGATORS GROUP, INC., a New York corporation, and DOES 1 through 50, inclusive, Defendants. / 19 20 The stipulated protective order submitted by the parties is hereby APPROVED, subject to 21 the following conditions, including adherence to the Ninth Circuit’s strict caution against 22 sealing orders (as set out below): 23 1. The parties must make a good-faith determination that any 24 information designated “confidential” truly warrants protection under Rule 26(c) 25 of the Federal Rules of Civil Procedure. Designations of material as 26 “confidential” must be narrowly tailored to include only material for which there 27 is good cause. A pattern of over-designation may lead to an order un-designating 28 all or most materials on a wholesale basis. 1 2. In order to be treated as confidential, any materials filed with the 2 Court must be lodged with a request for filing under seal in compliance with Civil 3 Local Rule 79-5. Please limit your requests for sealing to only those narrowly 4 tailored portions of materials for which good cause to seal exists. Please include 5 all other portions of your materials in the public file and clearly indicate therein 6 where material has been redacted and sealed. Each filing requires an 7 individualized sealing order; blanket prospective authorizations are no longer 8 allowed by Civil Local Rule 79-5. 9 3. Chambers copies should include all material — both redacted and unredacted — so that chambers staff does not have to reassemble the whole brief 11 For the Northern District of California United States District Court 10 or declaration. Although chambers copies should clearly designate which 12 portions are confidential, chambers copies with confidential materials will be 13 handled like all other chambers copies of materials without special restriction, and 14 will typically be recycled, not shredded. 15 4. In Kamakana v. Honolulu, 447 F.3d 1172, 1179 (9th Cir. 2006), 16 the Ninth Circuit held that more than good cause, indeed, “compelling reasons” 17 are required to seal documents used in dispositive motions, just as compelling 18 reasons would be needed to justify a closure of a courtroom during trial. 19 Otherwise, the Ninth Circuit held, public access to the work of the courts will be 20 unduly compromised. Therefore, no request for a sealing order will be allowed 21 on summary judgment motions (or other dispositive motions) unless the movant 22 first shows a “compelling reason,” a substantially higher standard than “good 23 cause.” This will be true regardless of any stipulation by the parties. Counsel are 24 warned that most summary judgment motions and supporting material should be 25 completely open to public view. Only social security numbers, names of 26 juveniles, home addresses and phone numbers, and trade secrets of a compelling 27 nature (like the recipe for Coca Cola, for example) will qualify. If the courtroom 28 would not be closed for the information, nor should any summary judgment 2 1 proceedings, which are, in effect, a substitute for trial. Motions in limine are also 2 part of the trial and must likewise be laid bare absent compelling reasons. Please 3 comply fully. Noncompliant submissions are liable to be stricken in 4 their entirety. 5 6 7 5. Any confidential materials used openly in court hearings or trial will not be treated in any special manner absent a further order. 6. This order does not preclude any party from moving to 8 undesignate information or documents that have been designated as confidential. 9 The party seeking to designate material as confidential has the burden of 11 For the Northern District of California United States District Court 10 establishing that the material is entitled to protection. 7. The Court will retain jurisdiction over disputes arising from the 12 proposed and stipulated protective order for only NINETY DAYS after final 13 termination of the action. 14 15 IT IS SO ORDERED. 16 17 18 Dated: September 2, 2014. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 28 3

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