Ubiquiti Networks, Inc. v. Kozumi USA Corp. et al

Filing 127

ORDER RE: ADMINISTRATIVE MOTION TO SEAL (Dkt. No. 115). Signed by Magistrate Judge Jacqueline Scott Corley on 2/25/2013. (ahm, COURT STAFF) (Filed on 2/25/2013)

1
2
3
4
5
6
7
8
9

IN THE UNITED STATES DISTRICT COURT

10

FOR THE NORTHERN DISTRICT OF CALIFORNIA

Northern District of California

United States District Court

11
12
13

UBIQUITI NETWORKS, INC.,
Plaintiff,

14
15

Case No.: 12-cv-2582 CW (JSC)
ORDER RE: ADMINISTRATIVE
MOTION TO SEAL (Dkt. No. 115)

v.

16
17
18

KOZUMI USA CORP., et al.,
Defendants.

19
20

Now pending before the Court is Defendants’ Administrative Motion to Seal the

21

parties’ Joint Discovery Letter Brief filed January 4, 2013. (Dkt. No. 115.) Defendants’

22

request fails to comply with Local Rule 79-5(a)’s requirement that “[t]he request must be

23

narrowly tailored to seek sealing only of sealable material” and is not accompanied by a

24

supporting declaration. The motion is therefore DENIED.

25

Defendants shall refile their Administrative Motion to Seal and file with it a declaration

26

establishing that the documents are entitled to sealing as required by Rule 79-5(b). Wholly

27

conclusory statements in support of sealing are inadequate – the fact that a document has been

28

designated as confidential is not sufficient to establish good cause for sealing. This is

1

especially true where the confidentiality designation is subject to challenge. Moreover, it is

2

not appropriate to request sealing of an entire document when only portions thereof are in fact

3

confidential. Accordingly, Defendants shall refile the motion in accordance with Rule 79-5.

4

Defendants have also failed to electronically file several documents which it submitted

5

to the Court for review in connection with the joint statement (Dkt. No. 115) including the

6

Declaration of William Wu, the Declaration of Robert Harkins, Exhibits A-B to the Harkins

7

Declaration, the Declaration of Whitney McCollum, and Exhibits A-B to the McCollum

8

Declaration. These documents are not included in Defendants’ request for sealing and thus

9

should have been publically filed. As it stands, these documents are not part of the record in

10

this case.

Northern District of California

United States District Court

11

Accordingly, within three days of the filing date of this Order, Defendants shall

12

electronically file the Declaration of William Wu, the Declaration of Robert Harkins, Exhibits

13

A-B to the Harkins Declaration, the Declaration of Whitney McCollum, and Exhibits A-B to

14

the McCollum Declaration. In addition, Defendants shall file a renewed motion to seal within

15

seven days of the filing date of this Order.

16
17

IT IS SO ORDERED.

18
19

Dated: February 25, 2013
_________________________________
JACQUELINE SCOTT CORLEY
UNITED STATES MAGISTRATE JUDGE

20
21
22
23
24
25
26
27
28

2