TRAACKR, INC. v. Leimgruber et al

Filing 7

Order by Magistrate Judge Nathanael M. Cousins denying 2 Administrative Motion to File Under Seal. (nclc2, COURT STAFF) (Filed on 6/26/2014)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 SAN FRANCISCO DIVISION 10 11 TRAACKR, INC., a Corporation, 12 13 Plaintiff, v. 14 JESSE LEIMGRUBER, an individual; PJ LEIMGRUBER aka P.J. LEIMGRUBER 15 aka PETER J. LEIMGRUBER; MISHA Case No. 14-cv-02920 NC ORDER DENYING TRAACKR’S MOTION TO FILE PORTIONS OF THE COMPLAINT UNDER SEAL Re: Dkt. No. 2 TALAVERA, an individual; BRIAN 16 SOREL, an individual; NEOREACH, an unincorporated association; RANK 17 EXECUTIVES INCORPORATED, a Florida corporation; and DOES 1 through 18 25, inclusive, 19 Defendants. 20 21 22 Plaintiff TRAACKR, INC. moves the Court for an order authorizing the sealing of 23 portions of its complaint. Dkt. No. 2. The complaint alleges that defendants are associated 24 with a direct competitor of TRAACKR and have launched three different internet attacks on 25 TRAACKR, misappropriating confidential and proprietary data and trade secret 26 information. Dkt. No. 1. Having reviewed the materials submitted by TRAACKR in 27 connection with its motion, the Court finds that TRAACKR has not shown good cause for 28 the proposed sealing. Case No. 14-cv-02920 NC ORDER DENYING MOTION TO SEAL There is a presumption of public access to judicial records and documents. Nixon v. 1 2 Warner Commc’ns, Inc., 435 U.S. 589, 597 (1978). Requests to file under seal must be 3 “narrowly tailored,” and “[a] sealing order may issue only upon a request that establishes 4 that the document, or portions thereof, are privileged, protectable as a trade secret or 5 otherwise entitled to protection under the law.” Civ. L.R. 79-5(b). TRAACKR contends that the requested sealing is narrowly tailored and necessary to 6 7 protect “highly confidential technical information” contained in the complaint. Id. Upon 8 review of the complaint, however, the Court is not persuaded that the redacted portions 9 warrant protection from public access. The portions proposed to be sealed contain 10 information about defendants, including a press article which is by definition public. There 11 is no adequate justification provided for treating this information as plaintiff’s confidential 12 information. Additionally, TRAACKR has failed to articulate why the amount of damages 13 it claims as a result of defendants’ actions qualifies as a trade secret or other confidential 14 information. While the portions of the complaint sought to be sealed include some 15 information related to how TRAACKR determined that it was attacked as alleged in its 16 complaint, that information is at a very high level of generality and TRAACKR has failed 17 to articulate why the information should be treated as “highly competitive and confidential 18 information.” See Beckman Indus., Inc. v. Int’l Ins. Co., 966 F.2d 470, 476 (9th Cir. 1992) 19 (“Broad allegations of harm, unsubstantiated by specific examples or articulated reasoning” 20 do not establish good cause of the need for protection.). TRAACKR’s arguments for 21 sealing portions of the complaint are further undermined by the fact that some of the 22 information sought to be sealed appears elsewhere in unredacted portions of the complaint. Because TRAACKR has not made a sufficient showing to overcome the presumption 23 24 of public access and justify sealing the complaint, its motion to seal is DENIED. 25 // 26 27 28 Case No. 14-cv-02920 NC ORDER DENYING MOTION TO SEAL 2 1 By July 9, 20 TRAACKR must do one of th followin (1) file a notice info y 014, the ng orming rt hdraw its co omplaint; (2 file an am 2) mended com mplaint; or (3) file 2 the Cour that it wishes to with edacted com mplaint in th public record. he 3 the unre 4 IT IS SO OR T RDERED. 5 Date: June 26 2014 6, 6 ____ __________ __________ _____ Nath hanael M. C Cousins Unit States M ted Magistrate J Judge 7 8 9 10 0 11 1 12 2 13 3 14 4 15 5 16 6 17 7 18 8 19 9 20 0 21 1 22 2 23 3 24 4 25 5 26 6 27 7 28 8 Case No. 14-cv-0292 NC 20 ORDER DENYING MOTION TO SEAL R G T 3

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