Malibu Media, LLC v. Doe

Filing 25

ORDER RE SEALING MOTION Signed by Judge Alsup on 5/16/17. (whalc1, COURT STAFF) (Filed on 5/16/2017)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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MALIBU MEDIA, LLC,

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For the Northern District of California

United States District Court

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No. C 16-05975 WHA

Plaintiff,
v.

ORDER RE SEALING MOTION

JOHN DOE subscriber assigned IP
Address 108.228.12.17,
Defendant.
/

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In response to an order to show cause, Malibu Media filed a declaration from its

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counsel, with exhibits setting forth the circumstances of each voluntary dismissal in cases filed

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in October 2016. It now seeks to file the entire declaration under seal inasmuch as the records

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include the identifying information of the defendants in each action, which is subject to a

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protective order. That is the sole basis for Malibu Media’s sealing motion.

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Pursuant to Civil L.R. 79-5(d)(1)(c), “a redacted version of the document that is sought

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to be filed under seal” must also be filed. Although Malibu Media’s submissions certainly

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include identifying information that warrants sealing, the vast majority of the material does not

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warrant sealing. Malibu Media’s motion is HELD IN ABEYANCE, pending submission of a

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redacted version redacting only each defendant’s personal identifying information.

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By way of guidance, Malibu Media’s profiles describing the defendants, which identify
the defendants as “elderly,” a “business entity,” or “struggling financially” are sufficiently
anonymized to protect the defendants. Additionally, Exhibit 1, which contains no identifying

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information beyond the city of the defendants identified by ISPs in response to subpoenas, may

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be filed without redaction.

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Malibu Media shall file its redacted submission by TOMORROW, MAY 17, AT 6:00 P.M.

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Failure to timely file the redacted submission as required by the Local Rules will result in

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striking of the affected materials.

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IT IS SO ORDERED.

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Dated: May 16, 2017.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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