Finisar Corporation v. Nistica, Inc.

Filing 352

ORDER GRANTING 348 DEFENDANT'S MOTION TO SEAL EXHIBITS 1 AND 2 TO THE BISCONTI DECLARATION. Signed by Judge Beth Labson Freeman on 12/3/2015. (blflc3S, COURT STAFF) (Filed on 12/3/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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FINISAR CORPORATION,

Case No. 13-cv-03345-BLF

Plaintiff,
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v.
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NISTICA, INC.,

ORDER GRANTING DEFENDANT'S
MOTION TO SEAL EXHIBITS 1 AND 2
TO THE BISCONTI DECLARATION

Defendant.

United States District Court
Northern District of California

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On November 24, 2015, the Court denied without prejudice Defendant’s request to seal

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Exhibits 1 and 2 to the Bisconti Declaration in support of Defendant’s Motion for Summary

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Judgment because Defendant’s declaration in support of sealing did not provide sufficient reasons

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to seal these exhibits. ECF 337. On December 2, 2015, Defendant filed a second declaration in

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support of sealing Exhibits 1 and 2 to the Bisconti Declaration. ECF 348.

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Courts recognize a “general right to inspect and copy public records and documents,

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including judicial records and documents.” Kamakana v. City & Cnty. of Honolulu, 447 F.3d

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1172, 1178 (9th Cir. 2006). Two standards govern motions to seal documents, a “compelling

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reasons” standard, which applies to most judicial records, and a “good cause” standard, which

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applies to “private materials unearthed during discovery.” Cf. Phillips ex rel. Estates of Byrd v.

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Gen. Motors Corp., 307 F.3d 1206, 1213 (9th Cir. 2002). A party that seeks to seal portions of

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supporting documents to a motion for summary judgment must meet the “compelling reasons”

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standard articulated in Phillips.

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Defendant has met the compelling reasons standard here. According to the second

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declaration in support of sealing, Exhibits 1 and 2 to the Bisconti Declaration contain confidential,

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trade secret, and proprietary information relating to its accused products including highly sensitive

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financial, manufacturing, and shipping information. ECF 348 at 1-2. The public disclosure of this

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information has the potential to cause competitive harm to Defendant. Id. Because this material is

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sealable, Defendant’s request to redact this information is appropriate under Civil Local Rule 79-

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5(b). The Court has reviewed the redactions and finds them to be narrowly tailored, as required by

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Civil Local Rule 79-5(d)(1)(C). As such, Defendant’s motion to seal Exhibits 1 and 2 to the

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Bisconti Declaration is GRANTED.

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IT IS SO ORDERED.
Dated: December 3, 2015
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BETH LABSON FREEMAN
United States District Judge

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United States District Court
Northern District of California

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