McLellan et al v. Fitbit, Inc.

Filing 104

ORDER RE ADMINISTRATIVE MOTION TO SEAL. Signed by Judge James Donato on 8/4/2017. (jdlc3S, COURT STAFF) (Filed on 8/4/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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KATE MCLELLAN, et al.,
Plaintiffs,

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United States District Court
Northern District of California

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Case No. 3:16-cv-00036-JD
ORDER RE ADMINISTRATIVE
MOTION TO SEAL

v.

Re: Dkt. No. 79

FITBIT, INC.,
Defendant.

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This order resolves a pending administrative motion to file a document under seal. Dkt.
No. 79. The motion is denied.
The motion was filed in connection with a non-dispositive discovery dispute. Dkt. Nos.

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73, 76. In our circuit, documents filed in connection with non-dispositive motions may be sealed

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so long as the party seeking sealing makes a “particularized showing” under the “good cause”

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standard of Federal Rule of Civil Procedure 26(c). Kamakana v. City and County of Honolulu,

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447 F.3d 1172, 1180 (9th Cir. 2006) (quoting Foltz v. State Farm Mut. Auto Ins. Co., 331 F.3d

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1122, 1138 (9th Cir. 2003)). In addition, in our district, all parties requesting sealing must

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comply with Civil Local Rule 79-5, including that rule’s requirement that the request must

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“establish[] that the document, or portions thereof, are privileged, protectable as a trade secret or

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otherwise entitled to protection under the law,” i.e., is “sealable.” Civil L.R. 79-5(b). The

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sealing request must also “be narrowly tailored to seek sealing only of sealable material.” Id.

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Fitbit has failed to establish that any of the information contained in the privilege log is

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entitled to protection under the law. Fitbit does not contend that the information is privileged,

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and the assertion that the information contained in the log is “non-public,” “sensitive,” and

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“treated as confidential in the ordinary course of Fitbit’s business,” without more, does not make

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that information sealable. In addition, Fitbit’s request to file the entire document under seal is

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plainly not “narrowly tailored to seek sealing only of sealable material.” Civil L.R. 79-5(b).

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The motion is denied. The parties should file an unredacted version of the privilege log
within 7 days of this order.
IT IS SO ORDERED.
Dated: August 4, 2017

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JAMES DONATO
United States District Judge

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United States District Court
Northern District of California

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