Sumotext Corp. -v- Zoove, Inc., et al

Filing 190

ORDER DENYING 185 , 187 PLAINTIFF'S MOTIONS TO FILE DOCUMENTS UNDER SEAL. Signed by Judge Beth Labson Freeman on 8/11/2017. (blflc1S, COURT STAFF) (Filed on 8/11/2017)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN JOSE DIVISION 7 8 SUMOTEXT CORP., Plaintiff, 9 10 United States District Court Northern District of California 11 12 Case No. 16-cv-01370-BLF v. ZOOVE, INC., et al., Defendants. ORDER DENYING PLAINTIFF’S MOTIONS TO FILE DOCUMENTS UNDER SEAL [Re: ECF 185, 187] 13 14 Plaintiff Sumotext Corporation has filed two administrative motion to file documents 15 under seal. First, Sumotext seeks to seal certain exhibits attached to its Third Amended Complaint 16 and portions of the Third Amended Complaint which quote from those exhibits. See Pl.’s Admin. 17 Motion, ECF 185. Second, Sumotext seeks to seal certain exhibits attached to its Motion for 18 Leave to File a Fourth Amended Complaint. See Pl.’s Admin Motion, ECF 187. Sumotext states 19 that it has filed these administrative motions because the material addressed therein has been 20 designated as confidential by Defendants. 21 “Historically, courts have recognized a ‘general right to inspect and copy public records 22 and documents, including judicial records and documents.’” Kamakana v. City and Cnty. of 23 Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006) (quoting Nixon v. Warner Commc’ns, Inc., 435 24 U.S. 589, 597 & n.7 (1978)). Consequently, access to motions and their attachments that are 25 “more than tangentially related to the merits of a case” may be sealed only upon a showing of 26 “compelling reasons” for sealing. Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 27 1101-02 (9th Cir. 2016). Filings that are only tangentially related to the merits may be sealed 28 upon a lesser showing of “good cause.” Id. at 1097. 1 Where the moving party requests sealing of documents because they have been designated 2 confidential by another party, the burden of establishing an adequate basis for sealing is placed on 3 the designating party. Civ. L.R. 79-5(e). “Within 4 days of the filing of the Administrative 4 Motion to File Under Seal, the Designating Party must file a declaration . . . establishing that all of 5 the designated material is sealable.” Civ. L.R. 79-5(e)(1). “If the Designating Party does not file a 6 responsive declaration . . . and the Administrative Motion to File Under Seal is denied, the 7 Submitting Party may file the document in the public record no earlier than 4 days, and no later 8 than 10 days, after the motion is denied.” Civ. L.R. 79-5(e)(2). 9 Because the sealing requests relate to Sumotext’s pleadings and exhibits thereto – documents that are more than tangentially related to the merits of the case – the compelling 11 United States District Court Northern District of California 10 reasons standard applies. Defendants have not filed a declaration in support of sealing. 12 Accordingly, Sumotext’s administrative motions to seal are DENIED. Sumotext may file the 13 documents in the public record no earlier than four days, and no later than ten days, after the date 14 of this order. 15 IT IS SO ORDERED. 16 17 18 19 Dated: August 11, 2017 ______________________________________ BETH LABSON FREEMAN United States District Judge 20 21 22 23 24 25 26 27 28 2

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