Doublevision Entertainment, LLC v. Navigators Specialty Insurance Company et al
Filing
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ORDER RE 38 DEFENDANT'S ADMINISTRATIVE MOTION TO SEAL.(whalc2, COURT STAFF) (Filed on 1/20/2015)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California
United States District Court
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DOUBLEVISION ENTERTAINMENT, LLC,
a Tennessee limited liability company, as
assignee of Commercial Escrow Services,
Inc., a California corporation, and Antoinette
Hardstone, an individual
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Plaintiff,
No. C 14-02848 WHA
ORDER RE DEFENDANT’S
ADMINISTRATIVE MOTION
TO SEAL
v.
NAVIGATORS SPECIALTY INSURANCE
COMPANY, a New York Corporation
Defendant.
/
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INTRODUCTION
Defendant’s motion for a protective order to protect communications and writings subject to
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California’s mediation privilege is pending before the undersigned. In response, plaintiff filed an
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opposition, declarations, and exhibits that contain information that may become subject to such a
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protective order (Dkt. Nos. 34–35).
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Defendant now moves to seal portions of plaintiff’s opposition, declarations, and exhibits.
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Defendant’s administrative motion to seal is GRANTED, pending resolution of defendant’s motion
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for a protective order and subject to further order of this court.
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ANALYSIS
Pursuant to Civil Local Rule 79-5, defendant filed an administrative motion to seal certain
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sections of plaintiff’s opposition as well as plaintiff’s supporting declarations and exhibits
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(Dkt. No. 38). Under Civil Local Rule 79-5(a),
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A sealing order may issue only upon a request that establishes that
the document, or portions thereof is privileged or protectable as a
trade secret or otherwise entitled to protection under the law,
[hereinafter referred to as “sealable.”] The request must be
narrowly tailored to seek sealing only of sealable material, and
must conform with Civil L.R. 79-5(b) or (c).
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Although Civil Local Rule 79-5 governs the motions to seal in this instance, the usual presumption
of the public’s right to access does not apply to non-dispositive motions with the same strength it
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For the Northern District of California
United States District Court
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applies to dispositive motions. See In re Midland Nat. Life Ins. Co. Annuity Sales Practices Litig.,
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686 F.3d 1115, 1119 (9th Cir. 2012). On non-dispositive motions, a party seeking to file a document
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under seal must establish there is “good cause” for sealing the record. Id.; see also Kamakana v.
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City and Cnty. of Honolulu, 447 F.3d 1172, 1180 (9th Cir. 2006).
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Defendant moves to seal sixteen distinct excerpts from plaintiff’s opposition and supporting
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exhibits and declarations. Based on the pendency of defendant’s motion for a protective order, this
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order finds good cause to seal these excerpts of plaintiff’s opposition, declarations, and exhibits,
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subject to further order of this court.
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THE CLERK SHALL place the entirety of plaintiff’s opposition briefing — docket number 35
— under seal, and docket the redacted version — docket number 38-4 — in its place.
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IT IS SO ORDERED.
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Dated: January 20, 2015
WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE
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