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

Filing 214

ORDER GRANTING 208 MBLOX'S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL. Signed by Judge Beth Labson Freeman on 9/15/2017.(blflc1S, COURT STAFF) (Filed on 9/15/2017)

Download PDF
1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 SAN JOSE DIVISION 4 5 SUMOTEXT CORP., Plaintiff, 6 7 8 Case No. 16-cv-01370-BLF v. ZOOVE, INC., et al., Defendants. 9 ORDER GRANTING MBLOX’S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL [Re: ECF 208] 10 United States District Court Northern District of California 11 Defendant Mblox, Inc. moves to file under seal Exhibit 1 to Mblox’s Response in 12 Opposition to Motion for Leave to File Fourth Amended Complaint. See Mblox Motion, ECF 13 208. Exhibit 1 is a confidential stock purchase agreement between VHT StarStar, LLC and Mblox 14 for the acquisition of Zoove, Inc. (“Stock Purchase Agreement”). 15 “Historically, courts have recognized a ‘general right to inspect and copy public records 16 and documents, including judicial records and documents.’” Kamakana v. City and Cnty. of 17 Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006) (quoting Nixon v. Warner Commc’ns, Inc., 435 18 U.S. 589, 597 & n.7 (1978)). Consequently, access to motions and their attachments that are 19 “more than tangentially related to the merits of a case” may be sealed only upon a showing of 20 “compelling reasons” for sealing. Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 21 1101-02 (9th Cir. 2016). Filings that are only tangentially related to the merits may be sealed 22 upon a lesser showing of “good cause.” Id. at 1097. 23 Sealing motions filed in this district must be “narrowly tailored to seek sealing only of 24 sealable material.” Civil L.R. 79-5(b). A party moving to seal a document in whole or in part 25 must file a declaration establishing that the identified material is “sealable.” Civ. L.R. 79- 26 5(d)(1)(A). “Reference to a stipulation or protective order that allows a party to designate certain 27 documents as confidential is not sufficient to establish that a document, or portions thereof, are 28 sealable.” Id. 1 These standards are met here. The Stock Purchase Agreement is more than tangentially 2 related to the merits because it is relevant to the Court’s determination whether Sumotext 3 Corporation may amend its pleading. Therefore, the “compelling reasons” standard applies. 4 Mblox has submitted the declaration of its corporate representative, Bruce Bales, who states that 5 the Stock Purchase Agreement contains confidential details regarding the transaction, including 6 the purchase price, financial information, tax information, information regarding carrier contracts, 7 and information regarding third parties. Bales Decl. ¶ 3. Mr. Bales states that the information is 8 confidential and proprietary to Mblox, VHT StarStar, and Zoove, and that the information could 9 provide an advantage to competitors. Id. The request is narrowly tailored in that the confidential information appears throughout the Stock Purchase Agreement and thus it would not be 11 United States District Court Northern District of California 10 practicable to redact the information in lieu of sealing the entire document. 12 Accordingly, Defendant Mblox’s motion to seal is GRANTED. 13 IT IS SO ORDERED. 14 15 16 17 Dated: September 15, 2017 ______________________________________ BETH LABSON FREEMAN United States District Judge 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?