Ultratech, Inc. v. Ensure Nanotech (Beijing) et al

Filing 40

ORDER APPROVING STIPULATED PROTECTIVE ORDER SUBJECT TO STATED CONDITIONS by Hon. William Alsup re 39 Stipulation.(whalc1, COURT STAFF) (Filed on 3/24/2015)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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No. C 14-05361 WHA

ULTRATECH, INC., d/b/a ULTRATECH /
CAMBRIDGE NANOTECH,

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Plaintiff,
For the Northern District of California

United States District Court

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v.
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ENSURE NANOTECH (BEIJING), INC.;
ENSURE NANOTECH LLC, d/b/a
ENSURE SCIENTIFIC GROUP LLC; and
DONGJUN WANG,

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Defendants.

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ORDER APPROVING
STIPULATED PROTECTIVE
ORDER SUBJECT TO
STATED CONDITIONS
/

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The stipulated protective order submitted by the parties is hereby APPROVED, subject to

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the following conditions, including adherence to the Ninth Circuit’s strict caution against

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sealing orders (as set out below):

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1.

The parties must make a good-faith determination that any

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information designated “confidential” truly warrants protection under Rule 26(c)

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of the Federal Rules of Civil Procedure. Designations of material as

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“confidential” must be narrowly tailored to include only material for which there

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is good cause. A pattern of over-designation may lead to an order un-designating

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all or most materials on a wholesale basis.

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2.

In order to be treated as confidential, any materials filed with the

Court must be lodged with a request for filing under seal in compliance with Civil
Local Rule 79-5. Please limit your requests for sealing to only those narrowly

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tailored portions of materials for which good cause to seal exists. Please include

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all other portions of your materials in the public file and clearly indicate therein

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where material has been redacted and sealed. Each filing requires an

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individualized sealing order; blanket prospective authorizations are no longer

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allowed by Civil Local Rule 79-5.

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3.

Chambers copies should include all material — both redacted and

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unredacted — so that chambers staff does not have to reassemble the whole brief

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or declaration. Chambers copies more than two-inches thick shall include exhibit

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tabs. Although chambers copies should clearly designate which portions are
confidential, chambers copies with confidential materials will be handled like all

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For the Northern District of California

United States District Court

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other chambers copies of materials without special restriction, and will typically

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be recycled, not shredded.

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4.

In Kamakana v. Honolulu, 447 F.3d 1172, 1179 (9th Cir. 2006),

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the Ninth Circuit held that more than good cause, indeed, “compelling reasons”

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are required to seal documents used in dispositive motions, just as compelling

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reasons would be needed to justify a closure of a courtroom during trial.

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Otherwise, the Ninth Circuit held, public access to the work of the courts will be

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unduly compromised. Therefore, no request for a sealing order will be allowed

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on summary judgment motions (or other dispositive motions) unless the movant

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first shows a “compelling reason,” a substantially higher standard than “good

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cause.” This will be true regardless of any stipulation by the parties. Counsel are

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warned that most summary judgment motions and supporting material should be

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completely open to public view. Only social security numbers, names of

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juveniles, home addresses and phone numbers, and trade secrets of a compelling

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nature (like the recipe for Coca Cola, for example) will qualify. If the courtroom

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would not be closed for the information, nor should any summary judgment

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proceedings, which are, in effect, a substitute for trial. Motions in limine are also

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part of the trial and must likewise be laid bare absent compelling reasons. Please
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comply fully. Noncompliant submissions are liable to be stricken in

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their entirety.

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5.

Any confidential materials used openly in court hearings or trial

will not be treated in any special manner absent a further order.
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This order does not preclude any party from moving to

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undesignate information or documents that have been designated as confidential.

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The party seeking to designate material as confidential has the burden of

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establishing that the material is entitled to protection.

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7.

The Court will retain jurisdiction over disputes arising from the

proposed and stipulated protective order for only NINETY DAYS after final

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For the Northern District of California

United States District Court

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termination of the action.

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IT IS SO ORDERED.

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Dated: March 24, 2015.

WILLIAM ALSUP

UNITED STATES DISTRICT JUDGE

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