CES Group, LLC v. Energy Labs, Inc et al

Filing 398

ORDER GRANTING IN PART AND DENYING IN PART 367 , 378 , 380 , 385 , 387 , 394 , 396 SEALING MOTIONS. Signed by Judge Beth Labson Freeman on 10/24/2016. (blflc4S, COURT STAFF) (Filed on 10/24/2016)

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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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NORTEK AIR SOLUTIONS, LLC,

Case No. 14-cv-02919-BLF

Plaintiff,
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v.

ORDER RE SEALING MOTIONS

United States District Court
Northern District of California

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DMG CORPORATION, et al.,

[Re: ECF 367, 378, 380, 385, 387, 394, 396]

Defendants.
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This order specifically addresses parties’ administrative motions to file under seal portions

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of their briefing and exhibits in relation to the parties’ motions for judgement as a matter of law

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and Defendants’ motion for fees and bill of costs. For the reasons stated below, the motions are

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GRANTED.

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I.

LEGAL STANDARD
“Historically, courts have recognized a ‘general right to inspect and copy public records

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and documents, including judicial records and documents.’” Kamakana v. City and Cnty. of

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Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006) (quoting Nixon v. Warner Commc’ns, Inc., 435

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U.S. 589, 597 & n.7 (1978)). Consequently, access to motions and their attachments that are

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“more than tangentially related to the merits of a case” may be sealed only upon a showing of

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“compelling reasons” for sealing. Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092,

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1101-02 (9th Cir. 2016). Filings that are only tangentially related to the merits may be sealed

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upon a lesser showing of “good cause.” Id. at 1097. In addition, sealing motions filed in this

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district must be “narrowly tailored to seek sealing only of sealable material.” Civil L.R. 79-5(b).

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A party moving to seal a document in whole or in part must file a declaration establishing that the

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identified material is “sealable.” Civ. L.R. 79-5(d)(1)(A). “Reference to a stipulation or

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protective order that allows a party to designate certain documents as confidential is not sufficient

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to establish that a document, or portions thereof, are sealable.” Id.

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II.

DISCUSSION

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The Court has reviewed the parties’ sealing motions and respective declarations in support

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thereof. The Court finds the parties have articulated compelling reasons to seal certain portions of

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the submitted documents in relation to their motions for judgment as a matter of law and good

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cause to seal certain portions of the submitted documents in relation to the motion for fees and bill
of cost. The proposed redactions are also narrowly tailored. The Court’s rulings on the sealing

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United States District Court
Northern District of California

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requests are set forth in the tables below:

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A.
ECF 367
Identification of Documents
to be Sealed
Defendants’ motion for fees

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Declaration of Brandon Brown
In Support of Defendants’ Bill
of Costs (“Brown Decl.”)
Exhibit A to the Brown Decl.
(Deposition Costs)

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Exhibit C to the Brown Decl.
(Witness Fees)

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Exhibit D to the Brown Decl.
(Trial Graphics Costs)
Exhibit E to the Brown Decl.
(Electronic Discovery Costs)
Exhibit F to the Brown Decl.

Description of Documents

Court’s Order

Plaintiff has not filed a
declaration in support of
sealing the highlighted
portions at 1:23-24; 2:1-2
(graphic), 3, 10, 17; 9:18, 19,
20, 21, 25-26; and 9:26-10:1.

DENIED.

Highlighted portions on page 4
contain private information of
witnesses.
Highlighted portions on pages
2-19, 24-25, and 30-33 contain
confidential taxpayer
information.
Highlighted portions on pages
5, 7, 10, 12, 15, and 17 contain
private information of
witnesses.
Highlighted portions on pages
3 and 7 contain private
information of third-parties.
Highlighted portions on pages
2-6 contain private information
of third-parties.
Highlighted portions on pages

GRANTED as to highlighted
portions on page 4.

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GRANTED as to highlighted
portions.

GRANTED as to highlighted
portions.

GRANTED as to highlighted
portions.
GRANTED as to highlighted
portions.
GRANTED as to highlighted

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(Trial Printing Costs)
Exhibit G to the Brown Decl.
(Special Master Costs)

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United States District Court
Northern District of California

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2-5 contain private information portions.
of third-parties.
Highlighted portions on pages GRANTED as to highlighted
3, 5, 7, and 8 contain private
portions.
information of third-party
Special Master.

B.
ECF 378
Identification of Documents
Description of Documents
to be Sealed
Plaintiff’s motion for judgment Highlighted portion at 16:2-4
as a matter of law and motion
(beginning with “And” and
for new trial
ending with “right?”) contains
Plaintiff’s confidential
business information and
competitive analysis.
Plaintiff’s motion for judgment Defendant does not seek to
as a matter of law and motion
seal highlighted portion at
for new trial
16:12-20 (beginning with “I”
and ending with “litigation”).

Court’s Order
GRANTED.

DENIED.

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C.
ECF 380
Identification of Documents
to be Sealed
Exhibit A to the Declaration of
Brandon Brown in support of
Defendants’ renewed motion
for judgment as a matter of law
(“Brown Decl.”) (DTX-1069)
Exhibit B to the Brown Decl.

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D.
ECF 385
Identification of Documents
to be Sealed
Exhibit C to the Declaration of
Brandon Brown in support of
amended bill of costs (“Brown
Decl.”) (Witness Fees)
Exhibit D to the Brown Decl.
(Trial Graphics Costs)
Exhibit G to the Brown Decl.
(Special Master Costs)

Description of Documents

Court’s Order

Plaintiff has not filed a
declaration in support of
sealing this exhibit.

DENIED.

Plaintiff has not filed a
declaration in support of
sealing this exhibit.

DENIED.

Description of Documents
Highlighted portions on pages
5, 7, 10, 12, 15, and 17 contain
private information of
witnesses.
Highlighted portions on pages
3 and 7 contain private
information of third-parties.
Highlighted portions on pages
3, 5, 7, and 8 contain private
information of third-party
Special Master.

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Court’s Order
GRANTED.

GRANTED.

GRANTED.

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E.
ECF 387
Identification of Documents
to be Sealed
Plaintiff’s opposition to
Defendants’ motion for fees

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Plaintiff’s opposition to
Defendants’ motion for fees

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United States District Court
Northern District of California

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F.
ECF 394
Identification of Documents
to be Sealed
Exhibit 8 to the Declaration of
Brandon Brown in support of
Defendants’ opposition to
Plaintiff’s motion for judgment
as a matter of law (“Brown
Decl.”)
Exhibit 9 to the Brown Decl.

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Exhibit 10 to the Brown Decl.

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Exhibit 15 to the Brown Decl.

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Description of Documents

Court’s Order

Highlighted portion at 8:17-18 GRANTED.
(beginning with “prior” and
ending with “systems”) contain
confidential and sensitive
licensing information.
Defendant has not filed a
DENIED.
declaration in support of
sealing the first four words of
line 15 on page 9.
Description of Documents

Court’s Order

Plaintiff has not filed a
declaration in support of
sealing this exhibit.

DENIED.

Plaintiff has not filed a
declaration in support of
sealing this exhibit.
Plaintiff has not filed a
declaration in support of
sealing this exhibit.
Plaintiff has not filed a
declaration in support of
sealing this exhibit.

DENIED.

G.
ECF 396
Identification of Documents
Description of Documents
to be Sealed
Exhibit 2 to the Declaration of Plaintiff has not filed a
Brandon Brown in support of
declaration in support of
Defendants’ reply in support of sealing this exhibit.
Defendants’ motion for fees

DENIED.

DENIED.

Court’s Order
DENIED.

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III.

ORDER
For the foregoing reasons, the sealing motions at ECF 367, 378, 380, 385, 387, 394, 396

are GRANTED IN PART and DENIED IN PART. Under Civil Local Rule 79-5(e)(2), for any
request that has been denied because the party designating a document as confidential or subject to

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a protective order has not provided sufficient reasons to seal, the submitting party must file the

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unredacted (or lesser redacted) documents into the public record no earlier than 4 days and no later

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than 10 days form the filing of this order.

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IT IS SO ORDERED.

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Dated: October 24, 2016
______________________________________
BETH LABSON FREEMAN
United States District Judge

United States District Court
Northern District of California

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