You et al v. Japan et al

Filing 172

ORDER APPROVING STIPULATED PROTECTIVE ORDER SUBJECT TO STATED CONDITIONS by Hon. William Alsup granting 171 Stipulation.(whalc1, COURT STAFF) (Filed on 3/1/2016)

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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 HE NAM YOU and KYUNG SOON KIM, for themselves and on behalf of all others similarly situated, 12 13 14 15 16 17 18 19 20 21 22 23 No. C 15-03257 WHA Plaintiffs, v. JAPAN; HIROHITO; AKIHITO; NOBUSUKE KISHI; SHINZO ABE; NYK LINE (NORTH AMERICA); NIPPON YUSEN KABUSHIKI KAISHA; NISSAN MOTOR CO., LTD.; NISSAN NORTH AMERICA, INC.; TOYOTA MOTOR CORPORATION; TOYOTA MOTOR SALES, U.S.A., INC.; HITACHI, LTD.; HITACHI AMERICA, LTD.; NIPPON STEEL & SUMITOMO METAL U.S.A., INC.; NIPPON STEEL & SUMITOMO METAL CORPORATION; MITSUBISHI CORPORATION (AMERICA); MITSUBISHI GROUP; MITSUI & CO. (U.S.A.), INC.; MITSUI & CO. LTD.; OKAMOTO INDUSTRIES, INC.; SANKEI SHIMBUN, CO., LTD.; and DOES 1–1000, inclusive, ORDER APPROVING STIPULATED PROTECTIVE ORDER SUBJECT TO STATED CONDITIONS Defendants. / 24 25 The stipulated protective order submitted by the parties is hereby APPROVED, subject to 26 the following conditions, including adherence to the Ninth Circuit’s strict caution against 27 sealing orders (as set out below): 28 1. The parties must make a good-faith determination that any information designated “confidential” truly warrants protection under Rule 26(c) 1 of the Federal Rules of Civil Procedure. Designations of material as 2 “confidential” must be narrowly tailored to include only material for which there 3 is good cause. A pattern of over-designation may lead to an order un-designating 4 all or most materials on a wholesale basis. 5 2. In order to be treated as confidential, any materials filed with the 6 Court must be lodged with a request for filing under seal in compliance with Civil 7 Local Rule 79-5. Please limit your requests for sealing to only those narrowly 8 tailored portions of materials for which good cause to seal exists. Please include 9 all other portions of your materials in the public file and clearly indicate therein where material has been redacted and sealed. Each filing requires an 11 For the Northern District of California United States District Court 10 individualized sealing order; blanket prospective authorizations are no longer 12 allowed by Civil Local Rule 79-5. 13 3. Chambers copies should include all material — both redacted and 14 unredacted — so that chambers staff does not have to reassemble the whole brief 15 or declaration. Although chambers copies should clearly designate which 16 portions are confidential, chambers copies with confidential materials will be 17 handled like all other chambers copies of materials without special restriction, and 18 will typically be recycled, not shredded. 19 4. In Kamakana v. Honolulu, 447 F.3d 1172, 1179 (9th Cir. 2006), 20 the Ninth Circuit held that more than good cause, indeed, “compelling reasons” 21 are required to seal documents used in dispositive motions, just as compelling 22 reasons would be needed to justify a closure of a courtroom during trial. 23 Otherwise, the Ninth Circuit held, public access to the work of the courts will be 24 unduly compromised. Therefore, no request for a sealing order will be allowed 25 on summary judgment motions (or other dispositive motions) unless the movant 26 first shows a “compelling reason,” a substantially higher standard than “good 27 cause.” This will be true regardless of any stipulation by the parties. Counsel are 28 warned that most summary judgment motions and supporting material should be 2 1 completely open to public view. Only social security numbers, names of 2 juveniles, home addresses and phone numbers, and trade secrets of a compelling 3 nature (like the recipe for Coca Cola, for example) will qualify. If the courtroom 4 would not be closed for the information, nor should any summary judgment 5 proceedings, which are, in effect, a substitute for trial. Motions in limine are also 6 part of the trial and must likewise be laid bare absent compelling reasons. Please 7 comply fully. Noncompliant submissions are liable to be stricken in 8 their entirety. 9 11 For the Northern District of California United States District Court 10 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 12 undesignate information or documents that have been designated as confidential. 13 The party seeking to designate material as confidential has the burden of 14 establishing that the material is entitled to protection. 15 7. The Court will retain jurisdiction over disputes arising from the 16 proposed and stipulated protective order for only NINETY DAYS after final 17 termination of the action. 18 19 IT IS SO ORDERED. 20 21 22 Dated: March 1, 2016. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 23 24 25 26 27 28 3

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