TransPerfect Global, Inc. et al v. MotionPoint Corporation
Filing
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ORDER by Judge Claudia Wilken REGARDING ( 559 , 561 , 566 ) MOTIONS TO SEAL(Granting 559 , 561 Administrative Motion to File Under Seal; Denying 566 Administrative Motion to File Under Seal). (ndr, COURT STAFF) (Filed on 12/16/2014)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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TRANSPERFECT GLOBAL, INC.,
TRANSPERFECT TRANSLATIONS
INTERNATIONAL, INC., and
TRANSLATIONS.COM, INC.,
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No. C 10-2590 CW
ORDER REGARDING
MOTIONS TO SEAL
Plaintiffs,
v.
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MOTIONPOINT CORP.,
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Defendant.
________________________________/
United States District Court
For the Northern District of California
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Before the Court are the parties’ administrative motions to
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seal.
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under seal only if a party establishes that the portions sought to
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be sealed “are privileged, protectable as a trade secret or
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otherwise entitled to protection under the law.”
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5(b).
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sealable material.
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designating party's declaration establishing that the information
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is sealable.
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Pursuant to Civil Local Rule 79-5, a document may be filed
Civ. L.R. 79-
Any sealing request must be narrowly tailored to cover only
Id.
The request must be supported by the
Id. subsection (d).
“Historically, courts have recognized a ‘general right to
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inspect and copy public records and documents, including judicial
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records and documents.’”
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447 F.3d 1172, 1178 (9th Cir. 2006).
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request, the Court begins with “a strong presumption of access
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[as] the starting point.”
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under seal in this case are related to the parties’ calculations
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of the amount of post-verdict royalties due.
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seal materials related to non-dispositive motions must show good
Kamakana v. City & Cnty. of Honolulu,
Id.
In considering a sealing
The documents sought to be filed
A party seeking to
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cause by making a “particularized showing” that “specific
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prejudice or harm will result” should the information be
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disclosed.
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conclusory allegations of potential harm” will not suffice.
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v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1131 (9th Cir.
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2003).
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I.
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Id. at 1179-80; Fed. R. Civ. P. 26(c).
“[B]road,
Docket Nos. 559 and 561
Both parties have filed administrative motions to file under
seal unredacted versions of their separate filings related to
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United States District Court
For the Northern District of California
Foltz
their calculations of post-verdict royalties due.
The motions to
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seal are based on MotionPoint’s assertion that its revenue
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information is confidential.
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Although MotionPoint did not file a declaration in support of
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TransPerfect’s motion to seal the revenue information, it did file
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a declaration in support of its own motion.
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declaration supports a finding that the revenue information is
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highly sensitive and confidential business information that is not
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ordinarily disclosed and because MotionPoint and TransPerfect seek
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to seal same information, the Court will GRANT both parties’
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motions to seal.
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responsible for filing declarations in support of motions to seal
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filed by other parties based on its confidentiality designations.
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In this case, the material was limited and the Court was able to
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determine that the declaration MotionPoint filed in support of its
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own motion applied equally to TransPerfect’s motion.
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this will not always be the case.
Because the
However, MotionPoint is advised that it is
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However,
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II.
Docket No. 566
TransPerfect has also filed a motion to file under seal
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unredacted versions of Exhibits 1-3, 5 and 6 to the declaration of
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Gabriel Gross filed in support of TransPerfect’s objections and
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response to MotionPoint’s calculation of post-verdict royalites.
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TransPerfect states that these documents contain information
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designated by MotionPoint as confidential.
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Because the public interest favors filing all court documents
in the public record, any party seeking to file a document under
United States District Court
For the Northern District of California
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seal must demonstrate good cause to do so.
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established simply by showing that the information has been
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designated as confidential, but rather must be supported by a
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sworn declaration demonstrating with particularity the need to
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file each document under seal.
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party wishes to file a document that has been designated as
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confidential by another party or to refer to such information in a
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memorandum or other filing, it is required to file and serve an
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administrative motion seeking a sealing order.
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5(d).
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establishing that the document is sealable within four days
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thereafter.
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This cannot be
See Local Rule 79-5(a).
If a
See Local Rule 79-
The designating party then must file a declaration
See Local Rule 79-5(e).
MotionPoint has not filed a declaration in support of the
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motion to seal as required by Civil Local Rule 79-5(e).
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Accordingly, the Court DENIES TransPerfect’s motions to seal
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(Docket No. 566).
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MotionPoint shall file these exhibits to the declaration in the
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public record.
Within four days of the date of this order,
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CONCLUSION
For the reasons stated above, the Court GRANTS the motions to
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seal at Docket Numbers 559 and 561 and DENIES the motion to seal
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at Docket Number 566.
IT IS SO ORDERED.
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Dated:
December 16, 2014
CLAUDIA WILKEN
United States District Judge
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United States District Court
For the Northern District of California
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