City of Birmingham Relief and Retirement System v. Guthart et al

Filing 7

ORDER DENYING SEALING MOTION WITHOUT PREJUDICE, to refiling the request with an appropriate, narrowly-tailored declaration. 1 . Signed by Judge Paul S. Grewal on 3/31/2014. (ofr, COURT STAFF) (Filed on 3/31/2014) Modified on 3/31/2014 (cv, COURT STAFF).

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 United States District Court For the Northern District of California 8 SAN JOSE DIVISION 11 12 13 CITY OF BIRMINGHAM RELIEF & RETIREMENT SYSTEM, Inividually and Derivatively on Behalf of Nominal Defendant INTUITIVE SURGICAL, INC., Plaintiff, 14 15 v. GARY S. GUTHART, et al., 16 Defendants. 17 ) ) ) ) ) ) ) ) ) ) ) ) Case No. 5:14-cv-01307-PSG ORDER DENYING SEALING MOTION WITHOUT PREJUDICE (Re: Docket No. 1) Before the court is an administrative motion to file portions of the complaint and a motion 18 19 for consolidation and for appointment of lead plaintiff and lead counsel under seal. Those 20 documents allegedly refer to internal business records, internal practices, board meeting minutes, 21 presentations and underlying litigation. The parties have not submitted a narrowly-tailored 22 23 declaration pointing out with particularity why sealing is warranted and the request itself is overbroad. 1 Instead, the parties appear to believe sealing is warranted based on a stipulation 24 25 26 27 28 1 See Civil L.R. 79-5(b) (“A sealing order may issue only upon a request that establishes that the document, or portions thereof, are privileged, protectable as a trade secret or otherwise entitled to protection under the law. The request must be narrowly tailored to seek sealing only of sealable material, and must conform with Civil L.R. 79-5(d).”) (parenthetical omitted); Pecover v. Elec. Arts, Inc., Case No. 4:08-cv-2820-CW, 2013 WL 174063, at *1 (N.D. Cal. Jan. 16, 2013) (To overcome the “strong presumption of access” and “the public policies favoring” disclosure, parties must do more than simply “showing that the document is subject to a protective order or by 1 Case No. 5:14-cv-01307-PSG ORDER DENYING SEALING MOTION WITHOUT PREJUDICE

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