Raytheon Applied Signal Technology, Inc. v. Emerging Markets Communications, Inc. et al

Filing 320

Order by Magistrate Judge Donna M. Ryu denying 319 Administrative Motion to File Under Seal Without Prejudice.(dmrlc1, COURT STAFF) (Filed on 3/2/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District Court

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APPLIED SIGNAL TECHNOLOGY, INC.,

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Plaintiff,
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No. C-09-02180 SBA (DMR)
ORDER DENYING REQUEST TO FILE
JOINT DISCOVERY LETTER UNDER
SEAL WITHOUT PREJUDICE

v.
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E M E R G I N G
M A R K E T S
COMMUNICATIONS, INC. ET AL,

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Defendants.
___________________________________/

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The court is in receipt of Defendants ViaSat, Inc. and Teledyne Paradise Datacom, LLC’s
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Motion for Administrative Relief for permission to file a joint discovery letter dated February 24,
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2012 under seal in its entirety.1 [Docket No. 319.] Pursuant to Civil Local Rule 79-5, “a sealing

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order may issue only upon a request that establishes that the document, or portions thereof, is
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privileged or protectable as a trade secret or otherwise entitled to protection under the law.” N.D.
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Civ. L.R. 79-5(a). Further, “[t]he request must be narrowly tailored to seek sealing only of sealable
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material.” Id.
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The parties also filed a stipulation regarding the motion for administrative relief in which they
jointly request that the court grant Defendants’ motion. [Docket No. 319-1.] The court notes that Civil
Local Rule 79-5(a) provides that a stipulation that allows a party to designate documents as sealable
“will not suffice to allow the filing of documents under seal.”

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The court has reviewed the documents Defendants seek to file under seal and finds that

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Defendants’ request to seal the documents in their entirety is overly broad. Defendants have failed

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to establish that the contents of the letter and its attachments are “privileged or protectable as a trade

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secret or otherwise entitled to protection under the law.” N.D. Civ. L.R. 79-5(a). Accordingly,

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Defendants’ Motion for Administrative Relief is DENIED WITHOUT PREJUDICE. The court

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grants Defendants leave to re-file a new request to file the joint letter and its attachments under seal

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that is “narrowly tailored to seek sealing only of sealable material” and complies with Civil Local

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Rule 79-5. Such request must be filed by no later than March 7, 2012.

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DONNA M. RYU
. Ryu
United States MagistrateaJudge
onn M
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Judg

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R NIA

Dated: March 2, 2012

DERED

O OR
IT IS S

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UNIT
ED

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RT

For the Northern District of California

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NO

United States District Court

IT IS SO ORDERED.

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