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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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SUMOTEXT CORP.,
Plaintiff,

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United States District Court
Northern District of California

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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]

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Plaintiff Sumotext Corporation has filed two administrative motion to file documents

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under seal. First, Sumotext seeks to seal certain exhibits attached to its Third Amended Complaint

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and portions of the Third Amended Complaint which quote from those exhibits. See Pl.’s Admin.

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Motion, ECF 185. Second, Sumotext seeks to seal certain exhibits attached to its Motion for

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Leave to File a Fourth Amended Complaint. See Pl.’s Admin Motion, ECF 187. Sumotext states

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that it has filed these administrative motions because the material addressed therein has been

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designated as confidential by Defendants.

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

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

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

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

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

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

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

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

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Where the moving party requests sealing of documents because they have been designated

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confidential by another party, the burden of establishing an adequate basis for sealing is placed on

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the designating party. Civ. L.R. 79-5(e). “Within 4 days of the filing of the Administrative

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Motion to File Under Seal, the Designating Party must file a declaration . . . establishing that all of

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the designated material is sealable.” Civ. L.R. 79-5(e)(1). “If the Designating Party does not file a

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responsive declaration . . . and the Administrative Motion to File Under Seal is denied, the

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Submitting Party may file the document in the public record no earlier than 4 days, and no later

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than 10 days, after the motion is denied.” Civ. L.R. 79-5(e)(2).

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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

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United States District Court
Northern District of California

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reasons standard applies. Defendants have not filed a declaration in support of sealing.

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Accordingly, Sumotext’s administrative motions to seal are DENIED. Sumotext may file the

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documents in the public record no earlier than four days, and no later than ten days, after the date

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of this order.

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IT IS SO ORDERED.

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Dated: August 11, 2017
______________________________________
BETH LABSON FREEMAN
United States District Judge

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