Corning Optical Communications Wireless Ltd. v. Solid, Inc. et al

Filing 424

OMNIBUS ORDER RE: MOTIONS TO SEAL by Judge Paul S. Grewal denying 296 ; granting-in-part 308 ; denying 317 ; granting-in-part 327 ; denying 343 ; granting-in-part 346 ; denying 364 (psglc2S, COURT STAFF) (Filed on 11/2/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CORNING OPTICAL
COMMUNICATIONS WIRELESS LTD.,

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Case No. 14-cv-03750-PSG
OMNIBUS ORDER RE: MOTIONS TO
SEAL

Plaintiff,
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v.

(Re: Docket Nos. 296, 308, 317, 327, 343,
346, 364)

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SOLID, INC., et al.,

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United States District Court
Northern District of California

Defendants.
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Before the court are seven administrative motions to seal. “Historically, courts have

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recognized a ‘general right to inspect and copy public records and documents, including judicial

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records and documents.’”1 Accordingly, when considering a sealing request, “a ‘strong

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presumption in favor of access’ is the starting point.”2 Parties seeking to seal judicial records

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relating to dispositive motions bear the burden of overcoming the presumption with “compelling

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reasons” that outweigh the general history of access and the public policies favoring disclosure.3
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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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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Apple Inc. v. Samsung Electronics Co., Ltd., 727 F.3d 1214, 1228-29 (Fed. Cir. 2013).

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Case No. 14-cv-03750-PSG
OMNIBUS ORDER RE: MOTIONS TO SEAL

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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

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moving to seal must meet the lower “good cause” standard of Rule 26(c).6 As with dispositive

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motions, the standard applicable to nondispositive motions requires a “particularized showing”7

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that “specific prejudice or harm will result” if the information is disclosed.8 “Broad allegations of

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harm, unsubstantiated by specific examples of articulated reasoning” will not suffice.9 A

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protective order sealing the documents during discovery may reflect the court’s previous

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determination that good cause exists to keep the documents sealed,10 but a blanket protective order

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that allows the parties to designate confidential documents does not provide sufficient judicial

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scrutiny to determine whether each particular document should remain sealed.11
In addition to making particularized showings of good cause, parties moving to seal

United States District Court
Northern District of California

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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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is “sealable,” or “privileged or protectable as a trade secret or otherwise entitled to protection

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under the law.” “The request must be narrowly tailored to seek sealing only of sealable material,

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and must conform with Civil L.R. 79-5(d).”12 “Within 4 days of the filing of the Administrative

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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).
See Kamakana, 447 F.3d at 1179-80.

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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Civ. L.R. 79-5(b). In part, Civ. L.R. 79-5(d) requires the submitting party to attach a “proposed
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Case No. 14-cv-03750-PSG
OMNIBUS ORDER RE: MOTIONS TO SEAL

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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
With these standards in mind, the court rules on the instant motions as follows:

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Motion
to Seal

Document to be Sealed

Result

Reason/Explanation

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296

Supplemental Declaration
of Barry Bruce in Support
of Defendants’ Motion for
Summary Judgment

UNSEALED

Not narrowly tailored
to confidential
business information;
portions sought to be
sealed contain
information later
publicly disclosed at
trial.

308

Defendants’ August 31,
2015 Letter Brief

UNSEALED

Not narrowly tailored
to confidential
business information;
portions of document
contain information
later publicly
disclosed at trial.

308

Exhibit 1 to Defendants’
Letter Brief

Docket No. 308-4 at pages 4-7
(Appendix) SEALED; all other
designations UNSEALED.

Only sealed portions
narrowly tailored to
confidential business
information; portions
of document contain
information later
publicly disclosed at
trial.

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United States District Court
Northern District of California

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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. 14-cv-03750-PSG
OMNIBUS ORDER RE: MOTIONS TO SEAL

317

Plaintiff’s Motion in
Limine #2

UNSEALED

Portions sought to be
sealed contain
information later
publicly disclosed at
trial.

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Exhibit A to Plaintiff’s
Motion in Limine #2

UNSEALED

Not narrowly tailored
to confidential
business information;
portions of document
contain information
later publicly
disclosed at trial.

327

Defendants’ Motions in
Limine

UNSEALED

Not narrowly tailored
to confidential
business information;
some portions sought
to be sealed contain
information later
publicly disclosed at
trial.

327

Defendants’ Motion to
Exclude Expert Testimony
of Michele Riley

UNSEALED

Portions sought to be
sealed contain
information later
publicly disclosed at
trial.

327

Defendants’ Trial Exhibit
List (Exhibit F to Joint
Pretrial Statement)

UNSEALED

Not narrowly tailored
to confidential
business information.

327

Exhibit 2 to the Platt
Declaration

UNSEALED

Not narrowly tailored
to confidential
business information.

327

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Exhibit 3 to the Platt
Declaration

UNSEALED

Not narrowly tailored
to confidential
business information.

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Northern District of California

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Case No. 14-cv-03750-PSG
OMNIBUS ORDER RE: MOTIONS TO SEAL

327

Exhibit 5 to the Platt
Declaration

UNSEALED

Portions sought to be
sealed contain
information later
publicly disclosed at
trial.

327

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Exhibit 6 to the Platt
Declaration

SEALED

Narrowly tailored to
confidential business
information.

327

Exhibit 8 to the Platt
Declaration

UNSEALED

Not narrowly tailored
to confidential
business information;
portions of document
contain information
later publicly
disclosed at trial.

327

Exhibit 12 to the Platt
Declaration

UNSEALED

Not narrowly tailored
to confidential
business information;
portions of document
contain information
later publicly
disclosed at trial.

327

Exhibit 13 to the Platt
Declaration

UNSEALED

Not narrowly tailored
to confidential
business information;
portions of document
contain information
later publicly
disclosed at trial.

327

Exhibit 14 to the Platt
Declaration

UNSEALED

Not narrowly tailored
to confidential
business information;
portions of document
contain information
later publicly
disclosed at trial.

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United States District Court
Northern District of California

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Case No. 14-cv-03750-PSG
OMNIBUS ORDER RE: MOTIONS TO SEAL

343

Plaintiff’s Opposition to
Defendants’ Motion to
Exclude Expert Testimony
of Michele Riley

UNSEALED

Portions sought to be
sealed contain
information later
publicly disclosed at
trial.

343

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Exhibit D to the Stover
Declaration

UNSEALED

Not narrowly tailored
to confidential
business information;
portions of document
contain information
later publicly
disclosed at trial.

346

Plaintiff’s Opposition to
Defendants’ Motions in
Limine

UNSEALED

Not narrowly tailored
to confidential
business information;
some portions sought
to be sealed contain
information later
publicly disclosed at
trial.

346

Exhibit 1 to the Hunt
Declaration

UNSEALED

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

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Exhibit 2 to the Hunt
Declaration

UNSEALED

Not narrowly tailored
to confidential
business information.

346

Exhibit 3 to the Hunt
Declaration

SEALED

Narrowly tailored to
confidential business
information.

346

Exhibit 4 to the Hunt
Declaration

UNSEALED

Not narrowly tailored
to confidential
business information;
portions of document
contain information
later publicly
disclosed at trial.

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United States District Court
Northern District of California

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Case No. 14-cv-03750-PSG
OMNIBUS ORDER RE: MOTIONS TO SEAL

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364

Defendants’ Opposition to
Plaintiff’s Motion for
Reconsideration of
Summary Judgment Order

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Dated: November 2, 2015
_________________________________
PAUL S. GREWAL
United States Magistrate Judge

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United States District Court
Northern District of California

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

SO ORDERED.

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UNSEALED

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Case No. 14-cv-03750-PSG
OMNIBUS ORDER RE: MOTIONS TO SEAL