Silva et al v. Aviva PLC et al

Filing 80

ORDER GRANTING-IN-PART MOTION TO SEAL by Magistrate Judge Paul Singh Grewal granting-in-part 68 (psglc2, COURT STAFF) (Filed on 11/18/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RACHEL SILVA, et al.,

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Plaintiffs,
v.

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AVIVA PLC, et al.,

United States District Court
Northern District of California

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(Re: Docket No. 68)

Before the court is an administrative motion to file documents under seal. “Historically,
courts have recognized a ‘general right to inspect and copy public records and documents,
including judicial records and documents.’”1 Accordingly, when considering a sealing request, “a
‘strong presumption in favor of access’ is the starting point.”2 Parties seeking to seal judicial
records relating to dispositive motions bear the burden of overcoming the presumption with
“compelling reasons” that outweigh the general history of access and the public policies favoring
disclosure.3

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ORDER GRANTING-IN-PART
MOTION TO SEAL

Defendants.

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Case No. 15-cv-02665-PSG

However, “while protecting the public's interest in access to the courts, we must remain
mindful of the parties’ right to access those same courts upon terms which will not unduly harm
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. 15-cv-02665-PSG
ORDER GRANTING-IN-PART MOTION 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. 15-cv-02665-PSG
ORDER GRANTING-IN-PART MOTION 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 motion as follows:

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Document to be Sealed

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Result

Plaintiffs’ Opposition to
Motion to Dismiss for Lack of
Personal Jurisdiction

UNSEALED

Designating party has
indicated that
designated portions
need not be sealed.14

Plaintiffs’ Opposition to
Motion to Transfer

UNSEALED

Designating party has
indicated that
designated portions
need not be sealed.15

Declaration of Sean R. Matt in
Support of Plaintiffs’
Oppositions to Motions

UNSEALED

Designating party has
indicated that
designated portions
need not be sealed.16

Exhibit 2 to the Matt
Declaration

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SEALED

Narrowly tailored to
confidential business
information.

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United States District Court
Northern District of California

Reason/Explanation

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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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See Docket No. 75 at ¶ 13.

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See id. at ¶ 14.

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See id. at ¶ 15.

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Case No. 15-cv-02665-PSG
ORDER GRANTING-IN-PART MOTION TO SEAL

Exhibit 3 to the Matt
Declaration

UNSEALED

Not narrowly tailored to
confidential business
information. Portions of
document contain public
information.

Exhibit 4 to the Matt
Declaration

SEALED

Narrowly tailored to
confidential business
information.

Exhibit 5 to the Matt
Declaration

UNSEALED

Not narrowly tailored to
confidential business
information. Portions of
document contain public
information.

Exhibit 6 to the Matt
Declaration

UNSEALED

Designating party has
indicated that document
need not be sealed.17

Exhibit 8 to the Matt
Declaration

UNSEALED

Designating party has
indicated that document
need not be sealed.18

Exhibit 9 to the Matt
Declaration

SEALED

Narrowly tailored to
confidential business
information.

Exhibit 10 to the Matt
Declaration

SEALED

Narrowly tailored to
confidential business
information.

Exhibit 11 to the Matt
Declaration

SEALED

Narrowly tailored to
confidential business
information.

Exhibit 12 to the Matt
Declaration

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UNSEALED

Designating party has
indicated that document
need not be sealed.19

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United States District Court
Northern District of California

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See id. at ¶ 5.

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See id. at ¶ 6.

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See id. at ¶ 9.

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Case No. 15-cv-02665-PSG
ORDER GRANTING-IN-PART MOTION TO SEAL

Exhibit 13 to the Matt
Declaration

UNSEALED

Designating party has
indicated that document
need not be sealed.20

Exhibit 17 to the Matt
Declaration

UNSEALED

Designating party has
indicated that document
need not be sealed.21

Exhibit 19 to the Matt
Declaration

SEALED

Narrowly tailored to
confidential business
information.

Exhibit 23 to the Matt
Declaration

UNSEALED

Designating party has
indicated that document
need not be sealed.22

Exhibit 24 to the Matt
Declaration

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SEALED

Narrowly tailored to
confidential business
information.

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United States District Court
Northern District of California

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SO ORDERED.
Dated: November 18, 2015
_________________________________
PAUL S. GREWAL
United States Magistrate Judge

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See id. at ¶ 9.

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See id. at ¶ 9.

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See id. at ¶ 11.

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Case No. 15-cv-02665-PSG
ORDER GRANTING-IN-PART MOTION TO SEAL