IPtronics Inc. et al v. Avago Technologies U.S., Inc. et al

Filing 30

ORDER GRANTING 3 ADMINISTRATIVE MOTION TO FILE UNDER SEAL. Signed by Hon. Beth Labson Freeman on 2/5/2015.(blflc2S, COURT STAFF) (Filed on 2/5/2015)

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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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IPTRONICS INC., et al.,

Case No. 14-cv-05647-BLF

Plaintiffs,
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v.
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AVAGO TECHNOLOGIES U.S., INC., et
al.,

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United States District Court
Northern District of California

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ORDER GRANTING
ADMINISTRATIVE MOTION TO FILE
UNDER SEAL

Defendants.

[Re: ECF 3]

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Before the Court is the Administrative Motion to File Document Under Seal by Plaintiffs

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IPTronics, Inc. and Mellanox Technologies Denmark APS. Admin. Mot., ECF 3. Plaintiffs seek

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to seal portions of their Complaint that contain confidential information subject to a protective

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order entered in proceedings before the International Trade Commission (“ITC”).

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Pursuant to Civil Local Rule 79-5(e), defendant Avago Technologies U.S., Inc. (“Avago”)

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submitted a declaration in support of the sealing request. Decl. of Ary Chang, ECF 29. Avago

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avers that the portions of the Complaint sought to be sealed contain or discuss statements allegedly

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made by Avago representatives during confidential settlement negotiations in the ITC

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proceedings, as well as statements made as part of the ITC’s Mediation Program, for which the

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parties in the ITC proceedings signed non-disclosure agreements. Chang Decl. ¶¶ 8-11. Avago

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contends that these statements are confidential under federal law, as well as the ITC’s protective

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order and non-disclosure agreements, and that Plaintiffs’ proposed redactions are narrowly tailored

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to seal only the sealable information. Id. ¶ 11.

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Pursuant to Kamakana v. City & County of Honolulu, 447 F.3d 1172 (9th Cir. 2006), and

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Civil Local Rule 79-5, the Court finds compelling reasons to seal the portions of the Complaint

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that contain or discuss confidential statements made during settlement or mediation. Plaintiffs’

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Administrative Motion to File Under Seal is accordingly GRANTED, and those portions of the

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Complaint at 10:17-22 and 10:27-11:2 shall remain under seal. See ECF 1 (redacted Complaint).

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IT IS SO ORDERED.
Dated: February 5, 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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