B & R Supermarket, Inc., et al v. Visa, Inc. et al

Filing 288

ORDER APPROVING 264 STIPULATED PROTECTIVE ORDER SUBJECT TO STATED CONDITIONS.(whalc2, COURT STAFF) (Filed on 7/1/2016)

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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 16-01150 WHA

B & R SUPERMARKET, INC.; GROVE
LIQUORS, LLC,

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Plaintiffs,
For the Northern District of California

United States District Court

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v.
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VISA, INC.; VISA USA, INC.;
MASTERCARD INTERNATIONAL,
INC.; AMERICAN EXPRESS COMPANY;
DISCOVER FINANCIAL SERVICES; BANK
OF AMERICA, N.A.; BARCLAYS BANK
DELAWARE; CAPITAL ONE FINANCIAL
CORPORATION; CHASE BANK USA, N.A.;
CITIBANK (SOUTH DAKOTA), N.A.;
CITIBANK, N.A.; PNC BANK, N.A.; USAA
SAVINGS BANK; U.S. BANCORP, N.A.;
WELLS FARGO BANK, N.A.; EMVCo,
LLC; JCB CO., LTD; and UNIONPAY, a
Chinese bank association,

ORDER APPROVING
STIPULATED PROTECTIVE
ORDER SUBJECT TO
STATED CONDITIONS

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Defendants.
/

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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

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Court must be lodged with a request for filing under seal in compliance with Civil

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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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For the Northern District of California

United States District Court

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allowed by Civil Local Rule 79-5.
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. Although chambers copies should clearly designate which

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portions are confidential, chambers copies with confidential materials will be

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handled like all other chambers copies of materials without special restriction, and

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will typically 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.
6.

This order does not preclude any party from moving to

undesignate information or documents that have been designated as confidential.

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For the Northern District of California

United States District Court

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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

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proposed and stipulated protective order for only NINETY DAYS after final

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termination of the action.

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IT IS SO ORDERED.

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Dated: June 30, 2016.

WILLIAM ALSUP

UNITED STATES DISTRICT JUDGE

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