Delphix Corp. v. Embarcadero Technologies, Inc.

Filing 39

ORDER REGARDING 36 , 37 MOTIONS TO SEAL. Signed by Judge Beth Labson Freeman on 8/17/2016. (blflc3S, COURT STAFF) (Filed on 8/17/2016)

1
2
3

UNITED STATES DISTRICT COURT

4

NORTHERN DISTRICT OF CALIFORNIA

5

SAN JOSE DIVISION

6
7

DELPHIX CORP.,

Case No. 16-cv-00606-BLF

Plaintiff,
8
v.

ORDER REGARDING MOTIONS TO
SEAL

9
10

EMBARCADERO TECHNOLOGIES, INC.,

[Re: ECF 36, 37]

Defendant.

United States District Court
Northern District of California

11
12
Before the Court are Embarcadero’s administrative motions to file under seal Exhibits 503

13
14

through 512 to the Reply Declaration of Chris Smith in Support of Embarcadero’s Motion to

15

Dismiss. ECF 36, 37. For the reasons stated below, the motions are GRANTED.

16
17

I.

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

18

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

19

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

20

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

21

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

22

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

23

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

24

upon a lesser showing of “good cause.” Id. at 1097.

25

In addition, sealing motions filed in this district must be “narrowly tailored to seek sealing

26

only of sealable material.” Civil L.R. 79-5(b). A party moving to seal a document in whole or in

27

part must file a declaration establishing that the identified material is “sealable.” Civ. L.R. 79-

28

5(d)(1)(A). “Reference to a stipulation or protective order that allows a party to designate certain

1

documents as confidential is not sufficient to establish that a document, or portions thereof, are

2

sealable.” Id.

3

II.

DISCUSSION
The Court has reviewed the sealing motion and respective declaration in support thereof.

4
5

The Court finds Embarcadero has articulated compelling reasons to seal the submitted documents.

6

The proposed redactions are also narrowly tailored. The Court’s rulings on the sealing request are

7

set forth in the tables below:

8

Identification of Documents
to be Sealed
Exhibit 503

9
10

United States District Court
Northern District of California

11

Exhibits 504-512

12
13
14
15
16
17
18
19
20
21
22
23
24
25

III.

Description of Documents
Refers to highly confidential
information relating to the
organizational structure of this
privately held company
Copies of the resignations of
the officers and directors of
Embarcadero that resigned
contemporaneously with the
acquisition of Embarcadero on
October 9, 2015 by Idera, Inc.
and the appointment of the
new Texas officers and
directors. The names of these
former officers and directors
should be sealed to respect the
privacy of those individuals.
Copies of the resignations
redacted to show the existence
and text of the resignations
will be filed publicly

Court’s Order
GRANTED

GRANTED

ORDER
For the foregoing reasons, the sealing motions at ECF 36 and 37 are GRANTED.
IT IS SO ORDERED.

Dated: August 17, 2016
______________________________________
BETH LABSON FREEMAN
United States District Judge

26
27
28
2