Optronic Technologies, Inc., v. Ningbo Sunny Electronic Co., Ltd. et al

Filing 794

Order Granting 792 Administrative Motion to File Under Seal. Signed by Judge Edward J. Davila on 6/1/2022. (ejdlc1, COURT STAFF) (Filed on 6/1/2022)

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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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OPTRONIC TECHNOLOGIES, INC, et al.,
Plaintiffs,

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United States District Court
Northern District of California

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v.

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NINGBO SUNNY ELECTRONIC CO.,
LTD., et al.,

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Defendants.

Case No. 5:16-cv-06370-EJD
ORDER GRANTING
ADMINISTRATIVE MOTION TO FILE
UNDER SEAL
Re: Dkt. No. 792

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Third-party movant Sheppard, Mullin, Richter & Hampton LLP (“Sheppard Mullin”)

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moves to seal two documents submitted in connection with Plaintiff Optronic Technologies Inc.’s

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(“Orion”) Administrative Motion for Further Post-Judgment Discovery. Dkt. No. 786.

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

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documents, including judicial records and documents.” Kamakana v. City & Cty. of Honolulu, 447

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F.3d 1172, 1178 (9th Cir. 2006) (quotation omitted). If the court record is “more than tangentially

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related to the merits of the case”—as is the case with the PSAC—then there is a “strong

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presumption in favor of access.” Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 1102

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(9th Cir. 2016); Kamakana, 447 F.3d at 1178. To overcome this presumption, the party who

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wishes to keep the record under seal must “articulate compelling reasons supported by specific

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factual findings” for doing so. Kamakana, 447 F.3d at 1178. “The mere fact that the production of

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records may lead to a litigant’s embarrassment, incrimination, or exposure to further litigation will

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not, without more, compel the court to seal its records.” Id. at 1179. Courts applying the

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compelling reasons standard have upheld the sealing of trade secrets, marketing strategies, product

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Case No.: 5:16-cv-06370-EJD
ORDER GRANTING ADMIN. MOT. TO FILE UNDER SEAL
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development plans, detailed product-specific financial information, customer information, internal

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reports and other such materials that could harm a party's competitive standing. See, e.g., In re

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Elec. Arts, Inc., 298 F. App’x 568, 569 (9th Cir. 2008); Opperman v. Path, Inc., No.13-cv-00453-

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JST, 2017 WL 1036652, at *1 (N.D. Cal. Mar. 17, 2017); Lucas v. Breg, Inc., No. 15-cv-00258-

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BAS-NLS, 2016 WL 5464549, at *1 (S.D. Cal. Sept. 28, 2016); Rodman v. Safeway Inc., No. 11-

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cv-03003-JST, 2015 WL 13673842 (N.D. Cal. Aug. 4, 2015).

United States District Court
Northern District of California

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Orion’s motion concerns post-judgment discovery in an attempt to collect on Orion’s

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judgment. The underlying motion does not address the merits of the parties’ claims or defenses

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and thus the Court applies the “good cause” standard of Rule 26(c). Sheppard Mullin and Orion

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now dispute whether two of the exhibits attached to Orion’s motion are protected from disclosure

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by the attorney-client privilege. Based on the representations made in Sheppard Mullin’s motion

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and accompanying declarations, the Court finds good cause to maintain these two documents

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under seal. Accordingly, the Court GRANTS Sheppard Mullin’s motion to file under seal. The

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following material shall be maintained under seal:

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Exhibit 1 to Orion’s Motion for Further Post-Judgment Discovery (Dkt. No. 786-2);
and

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•

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As to Orion’s request to grant it leave to file Exhibit A attached to the declaration of

Exhibit 3 to Orion’s Motion for Further Post-Judgment Discovery (Dkt. No. 786-4).

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Ronald Fisher in support of its opposition to Sheppard Mullin’s motion to seal, Dkt. No. 793 at 1,

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the Court grants that request. The Court does not rule on Orion’s motion for further discovery at

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this time for the reasons stated on the record at the April 14, 2022 status conference.

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IT IS SO ORDERED.
Dated: June 1, 2022

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EDWARD J. DAVILA
United States District Judge

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Case No.: 5:16-cv-06370-EJD
ORDER GRANTING ADMIN. MOT. TO FILE UNDER SEAL
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