Good Technology Corporation et al v. MobileIron, Inc.
Filing
237
OMNIBUS ORDER RE: MOTIONS TO SEAL by Judge Paul S. Grewal granting-in-part 186 ; granting-in-part 199 ; granting 207 ; denying 216 . (psglc3S, COURT STAFF) (Filed on 4/9/2015)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
United States District Court
For the Northern District of California
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GOOD TECHNOLOGY CORPORATION and )
GOOD TECHNOLOGY SOFTWARE, INC.,
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Plaintiff,
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v.
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MOBILEIRON, INC.,
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Defendant.
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Case No. 5:12-cv-05826-PSG
OMNIBUS ORDER RE: MOTIONS
TO SEAL
(Re: Docket Nos. 186, 199, 207, 216)
Before the court are four administrative motions to seal several documents. “Historically,
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courts have recognized a ‘general right to inspect and copy public records and documents,
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including judicial records and documents.’” 1 Accordingly, when considering a sealing request, “a
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‘strong presumption in favor of access’ is the starting point.” 2 Parties seeking to seal judicial
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records 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
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disclosure. 3
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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)).
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Id. (quoting Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1135 (9th Cir. 2003)).
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Id. at 1178-79.
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Case No. 5:12-cv-05826-PSG
OMNIBUS ORDER RE: MOTIONS TO SEAL
However, “while protecting the public’s interest in access to the courts, we must remain
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mindful of the parties’ right to access those same courts upon terms which will not unduly harm
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their competitive interest.” 4 Records attached to nondispositive motions therefore are not subject
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to the strong presumption of access. 5 Because the documents attached to nondispositive motions
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“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). 6 As with dispositive motions, the
standard applicable to nondispositive motions requires a “particularized showing” 7 that “specific
prejudice or harm will result” if the information is disclosed. 8 “Broad allegations of harm,
United States District Court
For the Northern District of California
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unsubstantiated by specific examples of articulated reasoning” will not suffice. 9 A protective order
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sealing the documents during discovery may reflect the court’s previous determination that good
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cause exists to keep the documents sealed, 10 but a blanket protective order that allows the parties to
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designate confidential documents does not provide sufficient judicial scrutiny to determine whether
each particular document should remain sealed. 11
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In addition to making particularized showings of good cause, parties moving to seal
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documents must comply with the procedures established by Civ. L.R. 79-5. Pursuant to
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Civ. L.R. 79-5(b), a sealing order is appropriate only upon a request that establishes the document
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Apple Inc. v. Samsung Electronics Co., Ltd., 727 F.3d 1214, 1228-29 (Fed. Cir. 2013).
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See id. at 1180.
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Id. at 1179 (internal quotations and citations omitted).
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Id.
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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).
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Beckman Indus., Inc. v. Int’l Ins. Co., 966 F.2d 470, 476 (9th Cir. 1992).
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See Kamakana, 447 F.3d at 1179-80.
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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.”).
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Case No. 5:12-cv-05826-PSG
OMNIBUS ORDER RE: MOTIONS TO SEAL
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is “sealable,” or “privileged or protectable as a trade secret or otherwise entitled to protection under
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the law.” “The request must be narrowly tailored to seek sealing only of sealable material, and
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must conform with Civil L.R. 79-5(d).” 12 “Within 4 days of the filing of the Administrative
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Motion to File Under Seal, the Designating Party must file a declaration as required by subsection
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79-5(d)(1)(A) establishing that all of the designated material is sealable.” 13
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With these standards in mind, the court rules on the instant motions as follows:
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Motion
to Seal
Result
Reason/Explanation
186
Exhibit C to the
Declaration of Joel
Stonedale
UNSEALED
Not narrowly tailored
to confidential
business information.
See Civ. L.R. 795(d)(1)(A).
186
Exhibit F to the
Declaration of Joel
Stonedale
UNSEALED
Not narrowly tailored
to confidential
business information.
See Civ. L.R. 795(d)(1)(A).
186
Exhibit J to the Declaration
of Joel Stonedale
UNSEALED
Not narrowly tailored
to confidential
business information.
See Civ. L.R. 795(d)(1)(A).
186
Exhibit K to the
Declaration of Joel
Stonedale
UNSEALED
Not narrowly tailored
to confidential
business information.
See Civ. L.R. 795(d)(1)(A).
186
Exhibit L to the
Declaration of Joel
Stonedale
UNSEALED
Not narrowly tailored
to confidential
business information.
See Civ. L.R. 79-
10
United States District Court
For the Northern District of California
Document to be Sealed
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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
“unredacted 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).
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Civ. L.R. 79-5(e)(1).
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Case No. 5:12-cv-05826-PSG
OMNIBUS ORDER RE: MOTIONS TO SEAL
5(d)(1)(A). If nonparty Computer
Associates, Inc. seeks
to seal this exhibit, it
may do so by filing a
motion for
reconsideration. See
Docket No. 189 at 1.
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186
Exhibit M to the
Declaration of Joel
Stonedale
UNSEALED
Not narrowly tailored
to confidential
business information.
186
Exhibit N to the
Declaration of Joel
Stonedale
UNSEALED
Not narrowly tailored
to confidential
business information.
186
Exhibit P to the
Declaration of Joel
Stonedale
UNSEALED
Not narrowly tailored
to confidential
business information.
See Civ. L.R. 795(d)(1)(A).
186
Exhibit Q to the
Declaration of Joel
Stonedale
SEALED
Narrowly tailored to
confidential business
information.
199
Exhibit A to the
Declaration of Lillian J.
Mao
Designations at Docket No. 1996, Exhibit A at 6:22-7:8
SEALED; all other designations
UNSEALED.
Only sealed portions
narrowly tailored to
confidential business
information.
199
Exhibit B to the
Declaration of Lillian J.
Mao
UNSEALED
Not narrowly tailored
to confidential
business information.
199
Exhibit C to the
Declaration of Lillian J.
Mao
SEALED
Narrowly tailored to
confidential business
information.
199
Exhibit F to the
Declaration of Lillian J.
Mao
SEALED
Narrowly tailored to
confidential business
information.
199
Exhibit 1 to the Declaration SEALED
of Glen Liu
Narrowly tailored to
confidential business
information.
199
Exhibit 2 to the Declaration SEALED
of Glen Liu
Narrowly tailored to
confidential business
information.
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OMNIBUS ORDER RE: MOTIONS TO SEAL
199
Exhibit 3 to the Declaration SEALED
of Glen Liu
Narrowly tailored to
confidential business
information.
199
Exhibit 4 to the Declaration SEALED
of Glen Liu
Narrowly tailored to
confidential business
information.
199
Exhibit 5 to the Declaration SEALED
of Glen Liu
Narrowly tailored to
confidential business
information.
199
Exhibit 8 to the Declaration SEALED
of Glen Liu
Narrowly tailored to
confidential business
information.
199
Exhibit 9 to the Declaration UNSEALED
of Glen Liu
Not narrowly tailored
to confidential
business information.
199
Exhibit 10 to the
Declaration of Glen Liu
SEALED
Narrowly tailored to
confidential business
information.
199
Exhibit 11 to the
Declaration of Glen Liu
SEALED
Narrowly tailored to
confidential business
information.
199
Exhibit 12 to the
Declaration of Glen Liu
SEALED
Narrowly tailored to
confidential business
information.
199
Exhibit 13 to the
Declaration of Glen Liu
UNSEALED
No declaration in
support filed with the
court as required by
Civ. L.R. 79-5(e)(1).
199
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Exhibit 14 to the
Declaration of Glen Liu
SEALED
Narrowly tailored to
confidential business
information.
199
Exhibit 16 to the
Declaration of Glen Liu
UNSEALED
No declaration in
support filed with the
court as required by
Civ. L.R. 79-5(e)(1).
199
Exhibit 19 to the
Declaration of Glen Liu
SEALED
Narrowly tailored to
confidential business
information.
199
Exhibit 20 to the
Declaration of Glen Liu
SEALED
Narrowly tailored to
confidential business
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Case No. 5:12-cv-05826-PSG
OMNIBUS ORDER RE: MOTIONS TO SEAL
information.
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199
Exhibit 22 to the
Declaration of Glen Liu
UNSEALED
No declaration in
support filed with the
court as required by
Civ. L.R. 79-5(e)(1).
199
Exhibit 24 to the
Declaration of Glen Liu
UNSEALED
No declaration in
support filed with the
court as required by
Civ. L.R. 79-5(e)(1).
199
Exhibit 26 to the
Declaration of Glen Liu
SEALED
Narrowly tailored to
confidential business
information.
199
Exhibit 27 to the
Declaration of Glen Liu
SEALED
Narrowly tailored to
confidential business
information.
199
Exhibit 28 to the
Declaration of Glen Liu
SEALED
Narrowly tailored to
confidential business
information.
199
Exhibit 29 to the
Declaration of Glen Liu
SEALED
Narrowly tailored to
confidential business
information.
199
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Exhibit 30 to the
Declaration of Glen Liu
UNSEALED
No declaration in
support filed with the
court as required by
Civ. L.R. 79-5(e)(1).
199
Exhibit 31 to the
Declaration of Glen Liu
SEALED
Narrowly tailored to
confidential business
information.
199
Exhibit 32 to the
Declaration of Glen Liu
SEALED
Narrowly tailored to
confidential business
information.
199
Exhibit 33 to the
Declaration of Glen Liu
SEALED
Narrowly tailored to
confidential business
information.
199
MobileIron, Inc.’s Motion
for Summary Judgment on
Lanham Act and Unfair
Competition Claims
Designations in yellow at Docket
No. 199-5 at 1:15-22 SEALED;
all other designations
UNSEALED.
Only sealed portions
narrowly tailored to
confidential business
information.
199
MobileIron’s Motion for
Designations in yellow at Docket Only sealed portions
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Case No. 5:12-cv-05826-PSG
OMNIBUS ORDER RE: MOTIONS TO SEAL
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