Good Technology Corporation et al v. MobileIron, Inc.

Filing 440

OMNIBUS ORDER RE: MOTIONS TO SEAL by Judge Paul S. Grewal granting-in-part 360 ; denying 380 ; granting-in-part 393 ; granting-in-part 400 ; granting-in-part 406 ; denying 409 ; denying 413 (psglc2, COURT STAFF) (Filed on 7/7/2015)

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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.,
)
)
Plaintiffs,
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v.
)
)
MOBILEIRON, INC.,
)
)
Defendant.
)
)

Case No. 5:12-cv-05826-PSG
OMNIBUS ORDER RE: MOTIONS
TO SEAL
(Re: Docket Nos. 360, 380, 393, 400, 406,
409, 413)

Before the court are seven administrative motions to seal 44 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 courts rules on the instant motions as follows:

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Motion
to Seal

Reason/Explanation

MobileIron’s Omnibus
Motion In Limine

Pages 10:9-11, 21 at n.90, 21:1722, 21 at n.91 and 22 at n.92 at
Docket No. 366-1 SEALED; all
other designations UNSEALED.

Only sealed portions
narrowly tailored to
confidential business
information.

360

Exhibit 3

UNSEALED.

No declaration in
support filed with the
court as required by
Civ. L.R. 79-5(e)(1).

360

Exhibit 4 at Docket
No. 366-3

Images on pages 193, 194 and
200 at Docket No. 366-3
SEALED; ¶¶ 224-26 and 231-32
at Docket No. 366-3 SEALED;
Ex. A, page 19 at Docket
No. 366-3 SEALED; Ex. C at
Docket No. 366-3 SEALED;
code in Ex. D at Docket
No. 366-3 SEALED.

Narrowly tailored to
confidential business
information.

360

Exhibit 5

UNSEALED.

No declaration in
support filed with the
court as required by
Civ. L.R. 79-5(e)(1).

360

Exhibit 7

¶¶ 30, 31, 40, 41 at Docket No.
366-5 SEALED; ¶ 42 at Docket

Only sealed portions
narrowly tailored to

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Result

360

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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

No. 366-5 UNSEALED.

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confidential business
information.

360

Exhibit 9

UNSEALED.

No declaration in
support filed with the
court as required by
Civ. L.R. 79-5(e)(1).

360

Exhibit 10

UNSEALED.

No declaration in
support filed with the
court as required by
Civ. L.R. 79-5(e)(1).

360

Exhibit 11

UNSEALED.

No declaration in
support filed with the
court as required by
Civ. L.R. 79-5(e)(1).

360

Exhibit 12

UNSEALED.

No declaration in
support filed with the
court as required by
Civ. L.R. 79-5(e)(1).

360

Exhibit 14

Page 17 at Docket No. 366-10
SEALED.

Narrowly tailored to
confidential business
information.

360

Exhibit 15

UNSEALED.

No declaration in
support filed with the
court as required by
Civ. L.R. 79-5(e)(1).

360

Exhibit 17

Monetary values in ¶¶ 9, 10, 11, Narrowly tailored to
12 and 198 at Docket
confidential business
information.
No. 366-12 SEALED;
percentages in ¶¶ 249, 264, 298
and 97 n.374 at Docket
No. 366-12 SEALED; exhibits
12, 12-1, 12A, 12A-1, 12B, 12B1, 12C and 12C-1 at Docket
No. 366-12 SEALED.

360

Exhibit 18

Only specific customer names
Only sealed portions
between 14:6-15:2 at Docket No. narrowly tailored to
366-13 SEALED.
confidential business
information.

360

Exhibit 19

UNSEALED.

Not narrowly tailored
to confidential
business information.

360

Exhibit 21

UNSEALED.

No declaration in
support filed with the

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United States District Court
For the Northern District of California

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Case No. 5:12-cv-05826-PSG
OMNIBUS ORDER RE: MOTIONS TO SEAL

court as required by
Civ. L.R. 79-5(e)(1).

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360

Exhibit 22

UNSEALED.

No declaration in
support filed with the
court as required by
Civ. L.R. 79-5(e)(1).

360

Exhibit 30

UNSEALED.

No declaration in
support filed with the
court as required by
Civ. L.R. 79-5(e)(1).

360

Exhibit 32

UNSEALED.

No declaration in
support filed with the
court as required by
Civ. L.R. 79-5(e)(1).

360

Exhibit 33

UNSEALED.

No declaration in
support filed with the
court as required by
Civ. L.R. 79-5(e)(1).

360

Exhibit 34

UNSEALED.

No declaration in
support filed with the
court as required by
Civ. L.R. 79-5(e)(1).

360

Exhibit 35

SEALED.

Narrowly tailored to
confidential business
information.

360

Exhibit 36

UNSEALED.

No declaration in
support filed with the
court as required by
Civ. L.R. 79-5(e)(1).

360

Exhibit 38

SEALED.

Narrowly tailored to
confidential business
information.

360

Exhibit 39

SEALED.

Narrowly tailored to
confidential business
information.

360

Exhibit 40

SEALED.

Narrowly tailored to
confidential business
information.

360

Exhibit 41

UNSEALED.

No declaration in
support filed with the
court as required by

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United States District Court
For the Northern District of California

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Case No. 5:12-cv-05826-PSG
OMNIBUS ORDER RE: MOTIONS TO SEAL

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

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360

Exhibit 42

SEALED.

Narrowly tailored to
confidential business
information.

360

Exhibit 43

SEALED.

Narrowly tailored to
confidential business
information.

360

Exhibit 44

SEALED.

Narrowly tailored to
confidential business
information.

360

Exhibit 45

SEALED.

Narrowly tailored to
confidential business
information.

360

Exhibit 46

SEALED.

Narrowly tailored to
confidential business
information.

360

Exhibit 47

SEALED.

Narrowly tailored to
confidential business
information.

380

Exhibit 2

UNSEALED.

No declaration in
support filed with the
court as required by
Civ. L.R. 79-5(e)(1).

393

Good’s Opposition to
MobileIron’s Motions In
Limine

Page 12:19-20 at Docket
No. 393-4 SEALED; page
13:5-6 at Docket No. 393-4
SEALED; all other designations
UNSEALED.

Only sealed portions
narrowly tailored to
confidential business
information.

393

Exhibit 6

SEALED.

Narrowly tailored to
confidential business
information.

393

Exhibit 7

UNSEALED.

Not narrowly tailored
to confidential
business information.

393

Exhibit 8

UNSEALED.

No declaration in
support filed with the
court as required by
Civ. L.R. 79-5(e)(1).

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United States District Court
For the Northern District of California

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Case No. 5:12-cv-05826-PSG
OMNIBUS ORDER RE: MOTIONS TO SEAL