Zody v. Microsoft Corporation

Filing 74

ORDER by Judge Yvonne Gonzalez Rogers granting 59 Administrative Motion to File Under Seal (fs, COURT STAFF) (Filed on 4/23/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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Case No.: C-12-00942-YGR

S. ZODY,

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Plaintiff,

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ORDER GRANTING MOTION FOR
ADMINISTRATIVE RELIEF TO FILE
DOCUMENTS UNDER SEAL

vs.

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MICROSOFT CORPORATION,

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Defendant.

Northern District of California

United States District Court

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Defendant filed a Motion for Administrative Relief to File Documents Under Seal Pursuant to
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Civil Local Rules 79-5 and 7-11 (“Motion”). (Dkt. No. 59.) Defendant identifies Exhibits L and N to
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the Declaration of Lynne C. Hermle in Support of Motion for Evidentiary Sanctions as confidential
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documents. Exhibit L, which has not been designated by Plaintiff as confidential, contains Plaintiff’s
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medical records. Exhibit N has been designated “Confidential” pursuant to the Protective Order in
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this action.
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Pursuant to Civ. L.R. 79-5(d), Plaintiff filed the Declaration of Shawna B. Casebier
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Establishing that the Information Designated in Defendant Microsoft Corporation’s Motion for
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Administrative Relief Is Sealable (“Casebier Declaration”). (Dkt. No. 61.)1 Plaintiff identifies a

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subset of pages within Exhibits L and N as sealable. Specifically, ECF pages 29–37 of Exhibit L
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(Dkt. No. 57-4) are sealable because they contain Plaintiff’s medical records, which are protected
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from public disclosure by the right of privacy. In addition, Plaintiff identifies that ECF pages 3–34 &
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40 of Exhibit N (Dkt. No. 57-5) are sealable because they contain Plaintiff’s private information
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related to her job search, which is ongoing.
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In the Motion, Defendant stated that, under Civ. L.R. 79-5(d), Plaintiff had five days in which to file
the declaration justifying sealing. This is a misstatement of the rule, which allows seven days.

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The Court applies the “good cause” standard to this motion to seal because the Court views the

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pending Motion for Evidentiary Sanctions to be a non-dispositive motion. Kamakana v. City &

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County of Honolulu, 447 F.3d 1172, 1180 (9th Cir. 2006) (citations omitted); Pintos v. Pacific

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Creditors Ass’n, 605 F.3d 665, 678 (9th Cir. 2009).

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Based upon Plaintiff’s showing, the Court finds the “good cause” standard is met for the

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documents identified in the Casebier Declaration, namely ECF pages 29–37 of Exhibit L and ECF

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pages 3–34 & 40 of Exhibit N. The Court hereby GRANTS the Motion as to these documents. The

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parties are reminded that the lower “good cause” standard will not apply for summary judgment

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motions or at trial.

Sanctions, Defendant shall comply with General Order 62 with regard to proper filing procedures for

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Northern District of California

Because Defendant has sought to attach these documents to its Motion for Evidentiary

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United States District Court

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the sealed documents. Defendant must e-file these documents under seal by April 25, 2013.

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Defendant shall also ensure that, by April 25, 2013, the remainder Dkt. Nos. 57-4 and 57-5 (which are

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currently locked in ECF) are properly filed and publicly accessible.

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This Order terminates Dkt. No. 59.

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IT IS SO ORDERED.

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Dated: April 23, 2013

________________________________________

YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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