United States of America v. Hiramanek
Filing
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ORDER DENYING 37 , 38 RESPONDENT'S MOTIONS TO SEAL DOCUMENTS WITHOUT PREJUDICE. Signed by Judge Beth Labson Freeman on 7/26/2017. (blflc2S, COURT STAFF) (Filed on 7/26/2017)
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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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UNITED STATES OF AMERICA,
Plaintiff,
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v.
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ADIL HIRAMANEK,
Defendant.
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United States District Court
Northern District of California
Case No. 17-cv-03389-BLF
ORDER DENYING RESPONDENT'S
MOTIONS TO SEAL DOCUMENTS,
WITHOUT PREJUDICE
[Re: ECF 37, 38]
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Before the Court is Respondent Adil Hiramanek (“Respondent”)’s motions to file under
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seal various documents in this case. Respondent has filed two motions: (1) “Respondent’s Rule
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5.2, Civil L.R. 7-11, 79-5, Administrative Motion to Seal Documents,” ECF 37, and (2) “Ex Parte
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Emergency, Expedited & Supplemental Administrative Motion To Seal Certain Documents With
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An Order That Petitioner Shall File Respondent & Third Parties Private Information Under Seal,”
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ECF 38. For the reasons discussed below, the Court DENIES Respondent’s motions without
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prejudice.
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I.
LEGAL STANDARD
There is a “strong presumption in favor of access” to judicial records. Kamakana v. City &
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Cnty. of Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006) (quoting Foltz v. State Farm Mut. Auto.
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Ins. Co., 331 F.3d 1122, 1135 (9th Cir. 2003)). A party seeking to seal judicial records bears the
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burden of overcoming this presumption by articulating “compelling reasons supported by specific
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factual findings that outweigh the general history of access and the public policies favoring
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disclosure.” Id. at 1178-79. Compelling reasons for sealing court files generally exist when such
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“‘court files might have become a vehicle for improper purposes,’ such as the use of records to
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gratify private spite, promote public scandal, circulate libelous statements, or release trade
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secrets.” Id. (quoting Nixon v. Warner Commc’ns, Inc., 435 U.S. 589, 598 (1978)). However,
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“[t]he mere fact that the production of records may lead to a litigant’s embarrassment,
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incrimination, or exposure to further litigation will not, without more, compel the court to seal its
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records.” Kamakana, 447 F.3d at 1179. Ultimately, “[w]hat constitutes a ‘compelling reason’ is
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‘best left to the sound discretion of the trial court.’” Ctr. for Auto Safety v. Chrslyer Grp., LLC,
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809 F.3d 1092, 1097 (9th Cir. 2016).
“Despite this strong preference for public access, [the Ninth Circuit has] carved out an
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exception,” id. at 1097, for judicial records attached to motions that are “tangentially related to the
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merits of a case,” id. at 1101. Parties moving to seal such records need only make a
“particularized showing” under the “good cause” standard of Federal Rule of Civil Procedure
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United States District Court
Northern District of California
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26(c). Kamakana, 447 F.3d at 1180 (quoting Foltz, 331 F.3d at 1138).
In this District, parties seeking to seal judicial records must furthermore follow Civil Local
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Rule 79-5, which requires, inter alia, that a sealing request be “narrowly tailored to seek sealing
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only of sealable material.” Civil L.R. 79-5(b) (emphasis added).
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III.
DISCUSSION
The Court has reviewed Respondent’s sealing motions and declarations in support thereof.
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Respondent requests that the Court seal this entire case and its related case United States v.
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Hiramanek, 5:17-cv-03392 (N.D. Cal. filed June 12, 2017). ECF 37. Respondent does not argue
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or establish compelling reasons for the Court to seal these cases entirely. In the alternative,
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Respondent requests that the Court seal documents listed “under ¶2” of his administrative motion
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to seal documents. Id. The documents Respondent seeks to seal include the underlying petition
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(ECF 1), “Respondent’s Preliminary Quick Notice & Request for Time To Respond,” (ECF 3),
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certificates of service (ECF 15, ECF 16), the order to show cause (ECF 23), and Respondent’s
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motion to dismiss, inclusive of all declarations and exhibits (ECF 31). ECF 37. These documents
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are related to the merits of the case, and must be resolved under the compelling reasons standard.
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Ctr. for Auto Safety, 809 F.3d at 1101-2 (holding that “public access will turn on whether the
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motion is more than tangentially related to the merits of a case”).
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Respondent’s requests are not narrowly tailored to sealable material. Although
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Respondent lists the “kind of information contained in the questioned document(s)” and
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summarizes the documents into “high level categories” that may constitute compelling reasons to
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seal, he does not tailor his requests to sealable information but rather requests the Court to seal all
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information, including legal arguments, contained in the identified documents. ECF 37.
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Respondent’s request is overbroad and does not satisfy the compelling reasons standard or comply
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with Civil Local Rule 79-5(b). Respondent’s sealing motions are DENIED WITHOUT
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PREJUDICE. No later than 7 days from the filing of this order, Respondent may renew his motion
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so as to more narrowly tailor his request to seal. If Respondent does not renew his motion, he
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must file the unredacted documents into the public record. Alternatively, Respondent may
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United States District Court
Northern District of California
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withdraw the documents he filed in this case.
Moreover, there is no authority for Respondent’s request that the Court seal “Petitioner’s
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future filings that contain any private information of the kind listed under section ¶1.” ECF 38.
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Such a request is premature. If Petitioner files sealable information in this case, Respondent may
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file a narrowly tailored motion to seal such information.
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IT IS SO ORDERED.
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Dated: July 26, 2017
______________________________________
BETH LABSON FREEMAN
United States District Judge
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