Good Technology Corporation et al v. MobileIron, Inc.
Filing
289
OMNIBUS ORDER RE: MOTIONS TO SEAL by Judge Paul S. Grewal granting-in-part 255 ; granting 261 ; granting-in-part 265 (psglc3S, COURT STAFF) (Filed on 4/30/2015)
1
2
3
4
5
6
7
UNITED STATES DISTRICT COURT
8
NORTHERN DISTRICT OF CALIFORNIA
9
SAN JOSE DIVISION
United States District Court
For the Northern District of California
10
11
12
13
14
15
16
GOOD TECHNOLOGY CORPORATION and )
GOOD TECHNOLOGY SOFTWARE, INC.,
)
)
Plaintiffs,
)
)
v.
)
)
MOBILEIRON, INC.,
)
)
Defendant.
)
)
Case No. 5:12-cv-05826-PSG
OMNIBUS ORDER RE: MOTIONS
TO SEAL
(Re: Docket Nos. 255, 261, 265)
Before the court are three administrative motions to seal documents. “Historically, courts
17
18
have recognized a ‘general right to inspect and copy public records and documents, including
19
judicial records and documents.’” 1 Accordingly, when considering a sealing request, “a ‘strong
20
presumption in favor of access’ is the starting point.” 2 Parties seeking to seal judicial records
21
22
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. 3
23
24
25
26
1
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)).
2
Id. (quoting Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1135 (9th Cir. 2003)).
3
Id. at 1178-79.
27
28
1
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
1
2
mindful of the parties' right to access those same courts upon terms which will not unduly harm
3
their competitive interest.” 4 Records attached to nondispositive motions therefore are not subject
4
to the strong presumption of access. 5 Because the documents attached to nondispositive motions
5
6
7
8
9
“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
10
unsubstantiated by specific examples of articulated reasoning” will not suffice. 9 A protective order
11
sealing the documents during discovery may reflect the court’s previous determination that good
12
cause exists to keep the documents sealed, 10 but a blanket protective order that allows the parties to
13
14
designate confidential documents does not provide sufficient judicial scrutiny to determine whether
each particular document should remain sealed. 11
15
In addition to making particularized showings of good cause, parties moving to seal
16
17
documents must comply with the procedures established by Civ. L.R. 79-5. Pursuant to
18
Civ. L.R. 79-5(b), a sealing order is appropriate only upon a request that establishes the document
19
4
Apple Inc. v. Samsung Electronics Co., Ltd., 727 F.3d 1214, 1228-29 (Fed. Cir. 2013).
20
5
See id. at 1180.
21
6
Id. at 1179 (internal quotations and citations omitted).
22
7
Id.
23
8
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).
9
25
Beckman Indus., Inc. v. Int’l Ins. Co., 966 F.2d 470, 476 (9th Cir. 1992).
10
26
See Kamakana, 447 F.3d at 1179-80.
11
27
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. 5:12-cv-05826-PSG
OMNIBUS ORDER RE: MOTIONS TO SEAL
1
is “sealable,” or “privileged or protectable as a trade secret or otherwise entitled to protection under
2
the law.” “The request must be narrowly tailored to seek sealing only of sealable material, and
3
must conform with Civil L.R. 79-5(d).” 12 “Within 4 days of the filing of the Administrative
4
Motion to File Under Seal, the Designating Party must file a declaration as required by subsection
5
79-5(d)(1)(A) establishing that all of the designated material is sealable.” 13
6
With these standards in mind, the court rules on the instant motions as follows:
7
8
9
Motion
to Seal
Result
Reason/Explanation
255
Exhibit 1 to the Declaration All text at Docket 255-5
of Eric C. Green
SEALED except text at 15:117:8 and 232:12-233:6
UNSEALED.
255
Exhibit 2 to the Declaration Designations in yellow at Docket Only sealed portions
of Eric C. Green
No. 255-7 SEALED; all other
narrowly tailored to
designations UNSEALED.
confidential business
information.
255
Exhibit 3 to the Declaration Designations in yellow at Docket Only sealed portions
of Eric C. Green
No. 255-10 SEALED; all other
narrowly tailored to
designations UNSEALED.
confidential business
information.
255
Exhibit 4 to the Declaration Designations in yellow at Docket Only sealed portions
of Eric C. Green
No. 255-12 SEALED; all other
narrowly tailored to
designations UNSEALED.
confidential business
information.
255
Exhibit 5 to the Declaration Designations in yellow at Docket Only sealed portions
of Eric C. Green
No. 255-14 SEALED; all other
narrowly tailored to
designations UNSEALED.
confidential business
information.
255
Exhibit 6 to the Declaration SEALED
of Eric C. Green
10
United States District Court
For the Northern District of California
Document to be Sealed
11
12
13
14
15
16
17
18
19
20
21
Only sealed portions
narrowly tailored to
confidential business
information.
22
23
Narrowly tailored to
confidential business
24
12
25
26
27
28
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).
13
Civ. L.R. 79-5(e)(1).
3
Case No. 5:12-cv-05826-PSG
OMNIBUS ORDER RE: MOTIONS TO SEAL
information.
1
2
255
Exhibit 7 to the Declaration SEALED
of Eric C. Green
Narrowly tailored to
confidential business
information.
255
Exhibit 8 to the Declaration SEALED
of Eric C. Green
Narrowly tailored to
confidential business
information.
255
Exhibit 9 to the Declaration SEALED
of Eric C. Green
Narrowly tailored to
confidential business
information.
255
Exhibit 11 to the
Declaration of Eric C.
Green
Text at Docket No. 255-19 at
Only sealed portions
377:3-25 SEALED; all other text narrowly tailored to
UNSEALED.
confidential business
information.
255
Exhibit 12 to the
Declaration of Eric C.
Green
Designations in yellow at Docket Only sealed portions
No. 255-21 SEALED; all other
narrowly tailored to
designations UNSEALED.
confidential business
information.
255
Exhibit 14 to the
Declaration of Eric C.
Green
Designations in yellow at Docket
No. 255-23 at ¶¶ 20, 23 and 48
SEALED; all other designations
UNSEALED.
255
Exhibit 16 to the
Declaration of Eric C.
Green
Designations in yellow at Docket Only sealed portions
No. 255-25 SEALED; all other
narrowly tailored to
designations UNSEALED.
confidential business
information.
255
Exhibit 18 to the
Declaration of Eric C.
Green
UNSEALED
Not narrowly tailored
to confidential
business information.
See Civ. L.R. 795(d)(1)(A).
255
Exhibit 19 to the
Declaration of Eric C.
Green
UNSEALED
Not narrowly tailored
to confidential
business information.
See Civ. L.R. 795(d)(1)(A).
255
Exhibit 25 to the
Declaration of Eric C.
Green
SEALED
Narrowly tailored to
confidential business
information.
255
Exhibit 26 to the
Declaration of Eric C.
Green
UNSEALED
Not narrowly tailored
to confidential
business information.
3
4
5
6
7
8
9
United States District Court
For the Northern District of California
10
11
12
13
14
15
16
17
Only sealed portions
narrowly tailored to
confidential business
information.
18
19
20
21
22
23
24
25
26
27
28
4
Case No. 5:12-cv-05826-PSG
OMNIBUS ORDER RE: MOTIONS TO SEAL
See Civ. L.R. 795(d)(1)(A).
1
2
255
Exhibit 27 to the
Declaration of Eric C.
Green
SEALED
Narrowly tailored to
confidential business
information.
255
Exhibit 28 to the
Declaration of Eric C.
Green
Top email at Docket No. 255-33
SEALED; original email being
forwarded UNSEALED.
Only sealed portions
narrowly tailored to
confidential business
information.
255
Exhibit 29 to the
Declaration of Eric C.
Green
Designations in yellow at Docket Only sealed portions
No. 255-35 SEALED; all other
narrowly tailored to
designations UNSEALED.
confidential business
information.
255
Exhibit 30 to the
Declaration of Eric C.
Green
SEALED
Narrowly tailored to
attorney work
product and
confidential business
information.
255
Exhibit 31 to the
Declaration of Eric C.
Green
SEALED
Narrowly tailored to
attorney work
product and
confidential business
information.
255
Exhibit 32 to the
Declaration of Eric C.
Green
Designations in yellow at Docket
No. 255-40 at ¶¶ 227-229 and
329 SEALED; all other
designations UNSEALED.
Only sealed portions
narrowly tailored to
confidential business
information.
255
Good’s Opposition to
MobileIron’s Motion for
Summary Judgment of
Non-Infringement and
Invalidity
Designations in yellow at Docket
No. 255-4 at 5:25-28, 6:1-13,
6:15-17, 6:22-26, 7:1-3, 7:7-10,
7:15-17, 7:20-24, 8:7-11, 8:1623, 9:1-2, 9:7-9, 13:11-23, 14:36, 14:13-14, 14:23-27, 16:19-21,
16:26-28, 17:5, 25:14-22, 25:27,
26:1-2, 26:4, 26:17-25, 28:2425, 29:26-28, 44:5-12, 46:18-22,
47:2-4, 47:10-11, 47:14-17,
48:11-14, and 48:16-17
SEALED; all other designations
UNSEALED.
Only sealed portions
narrowly tailored to
confidential business
information.
261
Exhibit 2 to the Declaration Designations in yellow at Docket Only sealed portions
of Joel Stonedale
No. 261-6 SEALED; all other
narrowly tailored to
designations UNSEALED.
confidential business
information.
3
4
5
6
7
8
9
United States District Court
For the Northern District of California
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
5
Case No. 5:12-cv-05826-PSG
OMNIBUS ORDER RE: MOTIONS TO SEAL
261
Motion to Strike Portions
of Defendant’s Expert
Report Regarding
Defendant’s Infringement
Counterclaim
Designations in yellow at Docket Only sealed portions
No. 261-4 SEALED; all other
narrowly tailored to
designations UNSEALED.
confidential business
information.
265
Exhibit 41 to the
Declaration of Vickie
Freeman
SEALED
Narrowly tailored to
confidential business
information.
265
Exhibit 42 to the
Declaration of Vickie
Freeman
SEALED
Narrowly tailored to
confidential business
information.
265
Exhibit 43 to the
Declaration of Vickie
Freeman
SEALED
Narrowly tailored to
confidential business
information.
265
Exhibit 34 to the
Declaration of Glen Lui
UNSEALED
Not narrowly tailored
to confidential
business information.
See Civ. L.R. 795(d)(1)(A).
265
1
Exhibit 35 to the
Declaration of Glen Lui
SEALED
Narrowly tailored to
confidential business
information.
265
Exhibit 37 to the
Declaration of Glen Lui
SEALED
Narrowly tailored to
confidential business
information.
265
MobileIron, Inc.’s Reply in
Support of the Motion for
Summary Judgment of
Non-Infringement and
Invalidity
Designations in yellow at Docket
No. 265-8 at 2:4-28, 4:25-28,
7:10-21, 8:1, 9:2-3, 9:10-12 and
17:27-28 SEALED; all other
designations UNSEALED.
Only sealed portions
narrowly tailored to
confidential business
information.
265
MobileIron, Inc.’s Reply in
Support for the Motion for
Summary Judgment on
Lost Profits
Designations in yellow at Docket
No. 265-5 at i:11-12, 2:8-9,
4:11-12, 5:5, 5:20-22, 8:6-7,
10:9-28, 11:1, 11:19-26 and
12:15 SEALED; all other
designations UNSEALED.
Only sealed portions
narrowly tailored to
confidential business
information.
2
3
4
5
6
7
8
9
United States District Court
For the Northern District of California
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
6
Case No. 5:12-cv-05826-PSG
OMNIBUS ORDER RE: MOTIONS TO SEAL
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?