Snow v. Align Technology, Inc.
Filing
365
Order by Judge Vince Chhabria granting 290 leave to file fifth amended complaint. (vclc3, COURT STAFF) (Filed on 5/18/2023)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
MISTY SNOW, et al.,
Case No. 21-cv-03269-VC
Plaintiffs,
ORDER GRANTING LEAVE TO FILE
FIFTH AMENDED COMPLAINT
v.
ALIGN TECHNOLOGY, INC.,
Re: Dkt. No. 290
Defendant.
Leave to file a fifth amended complaint is granted. It’s a close question, because the
plaintiffs are seeking leave to amend fairly late and have been warned repeatedly about further
delays to this case. But Align would have moved to dismiss a rule of reason claim if the plaintiffs
had attempted to plead it from the outset, and it’s common for plaintiffs to be given leave to add
claims supported by discovery. Ultimately, the strong policy in favor of deciding cases on the
merits tips the balance in favor of allowing amendment and allowing Align to propose an
extension to the schedule.
The motions to seal are granted in part and denied in part. Dkt. Nos. 291, 332, 334, 336.
Separate orders with specific rulings will be filed concurrently. The good-cause standard for
sealing is appropriate for a pleading, especially where the plaintiffs have included extensive
discovery material. In general, the requests to seal lengthy excerpts from arbitration materials are
granted, as is the request to seal the full decision of the arbitrator. Long excerpts from emails
produced in discovery are also appropriate to seal, because the full content is not necessary to
include in the complaint. But material sealed here will not necessarily remain sealed at later
stages of the litigation. And even the more relaxed good-cause standard does not merit sealing
much of the material. The mere fact that material reflects a company’s internal business
discussions is not sufficient reason to seal it when it is not particularly detailed and is years out
of date. The fact that material comes from or describes a confidential arbitration is also not, on
its own, a reason to seal it. Arbitration agreements are enforceable like any other contracts—but
just like other contracts, arbitration agreements do not empower parties to decide for themselves
whether to shield material from appearing in court filings. That is especially true when the
agreement is alleged to have been an unlawful antitrust conspiracy.
The plaintiffs shall update the redactions on the fifth amended complaint and Dkt.
Nos. 331, 333, and 335 in accordance with the concurrently filed rulings, and file the updated
documents on the docket within 3 business days of this order.
After consulting with the plaintiffs, Align shall file a new proposed schedule within 7
days of this order.
IT IS SO ORDERED.
Dated: May 18, 2023
______________________________________
VINCE CHHABRIA
United States District Judge
2
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