Nitsch v. Dreamworks Animation SKG Inc. et al

Filing 177

ORDER RE SEALING PROCEDURES. Signed by Judge Lucy H. Koh on December 14, 2015. (lhklc1, COURT STAFF) (Filed on 12/14/2015)

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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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IN RE ANIMATION WORKERS ANTITRUST
LITIGATION

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THIS DOCUMENT RELATES TO:
ALL ACTIONS

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010473-11 727783V1

Master Docket No. 14-CV-4062-LHK
[STIPULATED AND PROPOSED]
ORDER REGARDING SEALING
MOTIONS

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When a party seeks to file a document, or portions thereof, under seal, that party (“the Filing

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Party”) must accompany the filing with a Notice of Intention to Seal Documents. On the same day

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the Notice of Intention to Seal Documents is filed, the Filing Party must provide a single courtesy

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copy of the filing that highlights in yellow or on the face of an exhibit all material (or information

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derived from material) designated as Confidential or Attorneys’ Eyes Only under the Stipulated

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Protective Order, as well as the identity of the party that designated that material, to counsel for all

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parties to this action. In the event the Filing Party intends to file Confidential or Attorneys’ Eyes

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Only material designated by a non-party to this action (a “Designating Non-Party”), the Filing Party

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must within two (2) court days also provide the Designating Non-Party with the same materials it is

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required to provide to parties to this action, with the exception that no information designated

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Confidential or Attorneys’ Eyes Only by a party other than such Designating Non-Party shall be

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disclosed to a Designating Non-Party. The proposed redacted version(s) shall not be filed with the

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Court at that time.

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Within five (5) court days of the filing of a Notice of Intention to Seal Documents, the parties

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and any Designating Non-Part(ies) shall inform the Filing Party whether sealing of material is

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required and provide proposed line-item redactions of materials and exhibits. Within seven (7) court

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days of the filing of the Notice, the parties will file a joint administrative motion to file under seal,

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and file public versions of all proposed redacted versions of all briefs and declarations. The parties

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will provide a courtesy copy to the Court in accordance with Civil Local Rule 79(d)(2).

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The parties shall file concurrent with the administrative motion to file under seal all necessary

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declarations establishing that the information sought to be sealed is sealable. The parties shall also

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file a proposed order that is narrowly tailored to seal only the sealable material, and which lists in

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table format each document or portion thereof that is sought to be sealed. For motions to file under

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seal relating to dispositive motions, the declarations shall set forth the “compelling reasons supported

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by specific factual findings” that the parties believe outweigh the general history of access and the

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public policies favoring disclosure. Kamakana v. City & Cnty. of Honolulu, 447 F.3d 1172, 1178-79

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(9th Cir. 2006). For motions to file under seal relating to nondispositive motions, the declarations

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[STIPULATED AND PROPOSED] ORDER REGARDING
SEALING MOTIONS – No: 14-cv-4062-LHK
010473-11 727783V1

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shall set forth the “particularized” reasons that the parties believe that “specific prejudice or harm

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will result” if the information is disclosed. Phillips ex rel. Estates of Byrd v. Gen. Motors Corp., 307

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F.3d 1206, 1210–11 (9th Cir. 2002).

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If the document for which sealing is sought was ordered sealed in In re High Tech, the Filing

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Party shall confirm in the sealing motion that it is seeking the same redactions that were approved in

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In re High Tech and provide the docket number from In re High Tech of the order(s) in which those

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portions of that document were sealed. No additional discussion of that document is required in the

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sealing motion or in the related declarations (if any).

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IT IS SO ORDERED.

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DATED: December 14, 2015

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LUCY J. KOH
United States District Judge

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[STIPULATED AND PROPOSED] ORDER REGARDING
SEALING MOTIONS – No: 14-cv-4062-LHK
010473-11 727783V1

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