Racies v. Quincy Bioscience, LLC
Filing
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ORDER by Judge Haywood S. Gilliam, Jr. ON ADMINISTRATIVE MOTION TO FILE UNDER SEAL.(This order denies docket no. 263 ).(ndrS, COURT STAFF) (Filed on 2/20/2020)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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PHILLIP RACIES,
Plaintiff,
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v.
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ORDER ON ADMINISTRATIVE
MOTION TO FILE UNDER SEAL
Re: Dkt. No. 263
QUINCY BIOSCIENCE, LLC,
Defendant.
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United States District Court
Northern District of California
Case No. 15-cv-00292-HSG
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Defendant filed an administrative motion to file documents under seal in connection with
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its brief concerning a dispute over whether Defendant may cross examine Plaintiff on his medical
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condition. Dkt. No. 263. For the reasons articulated below, the Court DENIES the motion.
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I.
LEGAL STANDARD
Courts generally apply a “compelling reasons” standard when considering motions to seal
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documents. Pintos v. Pac. Creditors Ass’n, 605 F.3d 665, 678 (9th Cir. 2010) (quoting Kamakana
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v. City & Cty. of Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006)). “This standard derives from the
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common law right ‘to inspect and copy public records and documents, including judicial records
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and documents.’” Id. (quoting Kamakana, 447 F.3d at 1178). “[A] strong presumption in favor of
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access is the starting point.” Kamakana, 447 F.3d at 1178 (quotations omitted). To overcome this
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strong presumption, the party seeking to seal a judicial record attached to a dispositive motion
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must “articulate compelling reasons supported by specific factual findings that outweigh the
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general history of access and the public policies favoring disclosure, such as the public interest in
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understanding the judicial process” and “significant public events.” Id. at 1178–79 (quotations
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omitted). “In general, ‘compelling reasons’ sufficient to outweigh the public’s interest in
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disclosure and justify sealing court records exist when such ‘court files might have become a
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vehicle for improper purposes,’ such as the use of records to gratify private spite, promote public
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scandal, circulate libelous statements, or release trade secrets.” Id. at 1179 (quoting Nixon v.
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Warner Commc’ns, Inc., 435 U.S. 589, 598 (1978)). “The mere fact that the production of records
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may lead to a litigant’s embarrassment, incrimination, or exposure to further litigation will not,
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without more, compel the court to seal its records.” Id.
Records attached to nondispositive motions must meet the lower “good cause” standard of
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Rule 26(c) of the Federal Rules of Civil Procedure, as such records “are often unrelated, or only
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tangentially related, to the underlying cause of action.” Id. at 1179–80 (quotations omitted). This
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requires a “particularized showing” that “specific prejudice or harm will result” if the information
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is disclosed. Phillips ex rel. Estates of Byrd v. Gen. Motors Corp., 307 F.3d 1206, 1210–11 (9th
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United States District Court
Northern District of California
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Cir. 2002); see also Fed. R. Civ. P. 26(c). “Broad allegations of harm, unsubstantiated by specific
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examples of articulated reasoning” will not suffice. Beckman Indus., Inc. v. Int’l Ins. Co., 966
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F.2d 470, 476 (9th Cir. 1992) (quotation omitted).
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II.
DISCUSSION
Because Defendant moves to file documents related to a nondispositive motion, the Court
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will apply the lower good cause standard. Defendant seeks to file under seal Exhibit A to the
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Declaration of Joshua G. Simon in support of Defendant’s brief concerning Plaintiff’s objection,
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and portions of its brief which purportedly reference the proposed sealing material. Dkt. No. 263,
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263-1. The only proffered justification for sealing is that the information was designated as
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“Highly Confidential” by Plaintiff. Dkt. No. 263-1 ¶ 3. But a designation of confidentiality is not
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sufficient to establish that a document is sealable. See Civ. L. R. 79-5(d)(1)(A). “Confidential” is
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merely the parties’ initial designation of confidentiality to establish coverage under the stipulated
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protective order. See Verinata Health, Inc. v. Ariosa Diagnostics, Inc., No. 12-cv-05501-SI, 2015
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WL 5117083, at *5 (N.D. Cal. Aug. 31, 2015) (“But good cause ‘cannot be established simply by
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showing that the document is subject to a protective order or by stating in general terms that the
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material is considered to be confidential’”) (quoting Bain v. AstraZeneca LP, No. 09-cv-4147,
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2011 WL 482767, at *1 (N.D. Cal. Feb. 7, 2011)). Thus, Defendant’s motion does not comply
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with Civil Local Rule 79-5(d)(1)(A). In addition, as the designating party for the materials,
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Plaintiff did not comply with Civil Local Rule 79-5(e)(1), because he did not file a declaration
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within four days of Defendant’s motion. See Civ. L.R. 79-5(e)(1).
Further, the Court has reviewed Exhibit A and does not believe it contains confidential
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information concerning Plaintiff’s medical condition, and therefore does not warrant sealing.
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Accordingly, the Court DENIES Defendant’s motion to seal Exhibit A and the unredacted version
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of its brief.
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III.
CONCLUSION
The Court DENIES Defendant’s administrative motion to file under seal. Dkt. No. 263.
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The Court DIRECTS Defendant to file public versions of all documents for which the proposed
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sealing has been denied within seven days of this order. Defendant may also file a new motion to
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United States District Court
Northern District of California
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seal within seven days of this order according to the requirements discussed above. Pursuant to
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Civil Local Rule 79-5(f)(1), documents filed under seal as to which the administrative motions are
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granted will remain under seal.
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IT IS SO ORDERED.
Dated: 2/20/2020
______________________________________
HAYWOOD S. GILLIAM, JR.
United States District Judge
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