In the Matter of a Deposition Subpoena Sreved in RxD Media, LLC v. IP Application Development LLC

Filing 6

ORDER Re: Motion to Seal. Signed by Magistrate Judge Sallie Kim on 11/30/2015. (mklS, COURT STAFF) (Filed on 11/30/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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IN THE MATTER OF A DEPOSITION
SERVED IN:

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RXD MEDIA, LLC ,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 15-mc-80291-SK
ORDER RE MOTION TO SEAL
Regarding Docket No. 5

v.
IP APPLICATION DEVELOPMENT LLC,
Defendant.

Now before the Court is the motion to seal filed by Apple Inc. As a public forum, the

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Court may only entertain requests to seal that establish good cause and are narrowly tailored to

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seal only the particular information that is genuinely privileged or protectable as a trade secret or

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otherwise has a compelling need for confidentiality. See Northern District Civil L.R. 79-5(b) &

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cmt. Parties seeking to file documents, or portions thereof, under seal must file a declaration to

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establish that “the document sought to be filed under seal, or portions thereof, are sealable.

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Reference to a stipulation or protective order that allows a party to designate certain documents as

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confidential is not sufficient to establish that a document, or portions thereof, are sealable.”

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Northern District Civil L.R. 79-5(d)(1)(A); see also See Kamakana v. City & County of Honolulu,

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447 F.3d 1172, 1178-81 (9th Cir. 2006) (“Those who seek to maintain the secrecy of documents ...

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must meet the high threshold of showing that ‘compelling reasons’ support secrecy.”).

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Upon review of the motion to seal and the accompanying documents, the Court finds that

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with the exception of Exhibit 1, none of the content appears to be sealable. It is not clear how the

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reference to the fact of an agreement, without disclosing any of its terms, has a compelling need

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for confidentiality. Nor is it clear how a description of a specific employee’s responsibilities at

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Apple or his purported involvement, or lack thereof, with the agreement at issue, meets the high

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standard necessary for filing documents under seal. However, before denying the motion to seal

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and ordering that the documents be publicly filed without any redaction, the Court will provide

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Apple with another opportunity to demonstrate that the requested portions of the documents are

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sealable. Apple shall provide additional support for its motion to seal by no later than December

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4, 2015. The Court will RESERVE RULING on Apple’s motion to seal pending receipt of

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Apple’s additional support.

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United States District Court
Northern District of California

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Moreover, Apple shall file a proof of service of its papers in this action by no later than
December 3, 2015.
IT IS SO ORDERED.
Dated: November 30, 2015
______________________________________
SALLIE KIM
United States Magistrate Judge

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