Gonzales v. City Of San Jose et al
Filing
94
ORDER DENYING MOTION TO SEAL by Magistrate Judge Paul Singh Grewal denying 69 (psglc2, COURT STAFF) (Filed on 11/19/2014)
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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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MARY LOU GONZALES, et al.,
Plaintiffs,
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v.
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CITY OF SAN JOSE, et al.,
Defendants.
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Case No. 5:13-cv-00695-BLF
ORDER DENYING MOTION TO
SEAL
(Re: Docket No. 69)
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Before the court is an administrative motion to seal an internal affairs investigation report.
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“Historically, courts have recognized a ‘general right to inspect and copy public records and
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documents, including judicial records and documents.’” 1 Accordingly, when considering a sealing
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request, “a ‘strong presumption in favor of access’ is the starting point.” 2 Parties seeking to seal
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judicial 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
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favoring 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. 5:13-cv-00695-BLF
ORDER DENYING MOTION 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. 5:13-cv-00695-BLF
ORDER DENYING MOTION TO SEAL
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