TransPerfect Global, Inc. et al v. MotionPoint Corporation

Filing 577

ORDER by Judge Claudia Wilken REGARDING 573 MOTION TO SEAL. (ndr, COURT STAFF) (Filed on 1/15/2015)

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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
MOTION 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 is MotionPoint Corporation’s administrative

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motion to seal Exhibit Six to the Declaration of Gabriel Gross

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(Gross Declaration) filed in support of TransPerfect’s Objections

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and Response to MotionPoint’s Calculation of Post-Verdict

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Royalties.

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filed under seal only if a party establishes that the portions

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sought to be sealed “are privileged, protectable as a trade secret

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or 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

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.”

Kamakana v. City & Cnty. of Honolulu,

Id.

In considering a sealing

The document sought to be filed

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under seal in this case is related to the parties’ calculations of

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the amount of post-verdict royalties due.

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materials related to non-dispositive motions must show good cause

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by making a “particularized showing” that “specific prejudice or

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harm will result” should the information be disclosed.

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1179-80; Fed. R. Civ. P. 26(c).

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of potential harm” will not suffice.

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Auto. Ins. Co., 331 F.3d 1122, 1131 (9th Cir. 2003).

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A party seeking to seal

Id. at

“[B]road, conclusory allegations
Foltz v. State Farm Mut.

Because the public interest favors filing all court documents

United States District Court
For the Northern District of California

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in the public record, any party seeking to file a document under

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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).

A motion to seal this document, filed by TransPerfect, was

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previously denied because MotionPoint, as the designating party,

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did not file a declaration establishing that the document is

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sealable as required by Civil Local Rule 79-5(e).

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now filed its own motion to seal the document.

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GRANTED because the document contains revenue information that is
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MotionPoint has

The motion is

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highly sensitive and confidential business information that is not

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ordinarily disclosed.

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CONCLUSION
For the reasons stated above, the Court GRANTS the motion to

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seal at Docket No. 573.

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IT IS SO ORDERED.

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Dated:

January 15, 2015

CLAUDIA WILKEN
United States District Judge

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United States District Court
For the Northern District of California

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