Avago Technologies Fiber IP (Singapore) PTE. Ltd. v. IPtronics Inc. et al

Filing 720

ORDER RE: MOTIONS TO SEAL by Judge Paul S. Grewal granting-in-part and denying-in-part 705 ; denying 709 . (psglc1S, COURT STAFF) (Filed on 8/17/2015)

1
2
3
4
5
6
7
8
9

United States District Court
For the Northern District of California

10

UNITED STATES DISTRICT COURT

11

NORTHERN DISTRICT OF CALIFORNIA

12

SAN JOSE DIVISION

13

AVAGO TECHNOLOGIES, INC., et al.,

14
15
16

v.

Plaintiffs,

IPTRONICS INC., et al.,

17

Defendants.

18
19
20
21
22
23

)
)
)
)
)
)
)
)
)

Case No.: 5:10-cv-02863-EJD
ORDER RE: MOTIONS TO SEAL
(Re: Docket Nos. 705, 709)

Before the court are two motions to file six documents under seal.1 “Historically, courts
have recognized a ‘general right to inspect and copy public records and documents, including
judicial records and documents.’”2 Accordingly, when considering a sealing request, “a ‘strong
presumption in favor of access’ is the starting point.”3 Parties seeking to seal judicial records

24
25

1

26

2

27
28

See Docket Nos. 705, 709.

Kamakana v. City & County of Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006) (quoting Nixon v.
Warner Commc’ns, Inc., 435 U.S. 589, 597 & n. 7 (1978)).
3

Id. (quoting Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1135 (9th Cir. 2003)).

Case No.: 5:10-cv-02863-EJD
ORDER RE: MOTIONS TO SEAL

1

1
2

relating to dispositive motions bear the burden of overcoming the presumption with “compelling
reasons” that outweigh the general history of access and the public policies favoring disclosure.4

3

However, “while protecting the public's interest in access to the courts, we must remain

4

mindful of the parties' right to access those same courts upon terms which will not unduly harm

5

their competitive interest.”5 Records attached to nondispositive motions therefore are not subject

6
7
8
9

to the strong presumption of access.6 Because the documents attached to nondispositive motions
“are often unrelated, or only tangentially related, to the underlying cause of action,” parties moving
to seal must meet the lower “good cause” standard of Rule 26(c).7 As with dispositive motions, the

United States District Court
For the Northern District of California

10

standard applicable to nondispositive motions requires a “particularized showing”8 that “specific

11

prejudice or harm will result” if the information is disclosed.9 “Broad allegations of harm,

12

unsubstantiated by specific examples of articulated reasoning” will not suffice.10 A protective

13
14
15
16
17

order sealing the documents during discovery may reflect the court’s previous determination that
good cause exists to keep the documents sealed,11 but a blanket protective order that allows the
parties to designate confidential documents does not provide sufficient judicial scrutiny to
determine whether each particular document should remain sealed.12

18
19
20
21
22
23

4

Id. at 1178-79.

5

Apple Inc. v. Samsung Electronics Co., Ltd., 727 F.3d 1214, 1228-29 (Fed. Cir. 2013).

6

See id. at 1180.

7

Id. at 1179 (internal quotations and citations omitted).

8

Id.

9

24

Phillips ex rel. Estates of Byrd v. Gen. Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002);
see Fed. R. Civ. P. 26(c).

25

10

Beckman Indus., Inc. v. Int’l Ins. Co., 966 F.2d 470, 476 (9th Cir. 1992).

26

11

See Kamakana, 447 F.3d at 1179-80.

27

12

28

See Civ. L.R. 79-5(d)(1)(A) (“Reference to a stipulation or protective order that allows a party to
designate certain documents as confidential is not sufficient to establish that a document, or
portions thereof, are sealable.”).
2
Case No.: 5:10-cv-02863-EJD
ORDER RE: MOTIONS TO SEAL

In addition to making particularized showings of good cause, parties moving to seal

1
2

documents must comply with the procedures established by Civ. L.R. 79-5. Pursuant to

3

Civ. L.R. 79-5(b), a sealing order is appropriate only upon a request that establishes the document

4

is “sealable,” or “privileged or protectable as a trade secret or otherwise entitled to protection under

5
6
7
8
9

the law.” “The request must be narrowly tailored to seek sealing only of sealable material, and
must conform with Civil L.R. 79-5(d).”13 “Within 4 days of the filing of the Administrative
Motion to File Under Seal, the Designating Party must file a declaration as required by subsection
79-5(d)(1)(A) establishing that all of the designated material is sealable.”14
With these standards in mind, the courts rules on the instant motion as follows:

United States District Court
For the Northern District of California

10
11
12
13
14
15
16

Motion
Docket No.
705-4

Document to be Sealed
IPtronics’ Motion for
Contempt

Docket No.
705-6
Docket No.
705-8
Docket No.
705-10

Exhibit A to Koppelman
Declaration
Exhibit C to Koppelman
Declaration
Exhibit D to Koppelman
Declaration

17
18
19
20
21
22
23
24
25
26
27
28

Result
Reason/Explanation
5:7-8; 5:26-27
Only sealed portions narrowly
SEALED; remainder tailored to confidential business
UNSEALED.
information and supported by a
declaration.
UNSEALED.
No declaration filed in support.
SEALED.
307:16-17; 345:6;
480:1-2; 480:5;
480:10; 480:12-13;
480:17-18; 481:6-7;
480:11; 480:13-14;
480:17; 480:25;
482:4; 482:8;
482:10; 482:19;
482:23; 482:25;
483:1; 483:16-21;
483:25; 516:16;
516:20-21; 516:2425; 517:21-22;
518:1; 518:10-11;
518:15-17; 518:20-

13

Narrowly tailored to confidential
business information.
Only sealed portions narrowly
tailored to confidential business
information and supported by a
declaration.

Civ. L.R. 79-5(b). In part, Civ. L.R. 79-5(d) requires the submitting party to attach a “proposed
order that is narrowly tailored to seal only the sealable material” which “lists in table format each
document or portion thereof that is sought to be sealed,” Civ. L.R. 79-5(d)(1)(b), and an
“unreadacted version of the document” that indicates “by highlighting or other clear method, the
portions of the document that have been omitted from the redacted version.”
Civ. L.R. 79-5(d)(1)(d).

14

Civ. L.R. 79-5(e)(1).

Case No.: 5:10-cv-02863-EJD
ORDER RE: MOTIONS TO SEAL

3

1
2
3
4
5
6
7
8

Docket No.
709-3
Docket No.
709-5

Exhibit A to Miller
Declaration
Exhibit B to Miller
Declaration

21; 518:23-24;
519:4; 519:19;
519:21; 588:5-7;
588:14-16 SEALED;
remainder
UNSEALED.
UNSEALED.
No declaration filed in support.
UNSEALED.

SO ORDERED.
Dated: August 17, 2015
_________________________________
PAUL S. GREWAL
United States Magistrate Judge

9
10
United States District Court
For the Northern District of California

No declaration filed in support.

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Case No.: 5:10-cv-02863-EJD
ORDER RE: MOTIONS TO SEAL

4