VLSI Technology LLC v. Intel Corporation

Filing 602

ORDER DENYING JOINT ADMINISTRATIVE MOTIONS TO EXTEND DEADLINES PURSUANTTO CIVIL LOCAL RULE 79-5(F)(3) (Addressing 600 , 601 ). Signed by Judge Beth Labson Freeman on 8/29/2023. (blflc3, COURT STAFF) (Filed on 8/29/2023)

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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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VLSI TECHNOLOGY LLC,
Plaintiff,

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v.

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United States District Court
Northern District of California

Case No. 17-cv-05671-BLF

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INTEL CORPORATION,

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Defendant.

ORDER DENYING JOINT
ADMINISTRATIVE MOTIONS TO
EXTEND DEADLINES PURSUANT
TO CIVIL LOCAL RULE 79-5(F)(3)
[Re ECF Nos. 600 and 601]

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Before the Court are two joint administrative motions filed in connection with the Parties’

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cross motions for summary judgment: 1) to extend deadlines for the parties to submit declarations

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pursuant to Civil Local Rule 79-5(f)(3) (ECF No. 600); and 2) to extend deadlines for non-parties

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to submit declarations pursuant to Civil Local Rule 79-5(f)(3) (ECF No. 601). Both motions

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request an extension to submit declarations until October 19, 2023. The Parties seek this

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extension because they “anticipate that at least some of this same information will be filed with the

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parties’ responsive and reply briefs to the Motions for Summary Judgment. To reduce the burden

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on the non-parties of preparing multiple duplicative declarations, and the Court of reviewing

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them.” ECF Nos. 600, 601.

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The Parties filed the corresponding motions for summary judgment on August 24, 2023.

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Responses are due on September 21, 2023 and replies are due October 5, 2023. ECF No. 388.

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The hearing date for both summary judgment motions (ECF Nos. 580, 586) is October 19, 2023.

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Id.

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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 & Cty. of

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

United States District Court
Northern District of California

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U.S. 589, 597 & n.7 (1978)). Accordingly, when considering a sealing request, “a ‘strong

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presumption in favor of access’ is the starting point.” Id. (quoting Foltz v. State Farm Mut. Auto.

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Ins. Co., 331 F.3d 1122, 1135 (9th Cir. 2003)). “Only in rare circumstances should a party seek to

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file portions of a pleading or brief under seal.” Civil L.R. 79-5(e).

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The Court recognizes the burden on the Parties. However, the Court is concerned that the

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delay caused by extending deadlines will unnecessarily shield non-confidential information from

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the public until after the hearing date. To date, the parties have filed nine Daubert briefs, all either

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under seal or redacted in their entirety: ECF Nos. 541, 548, 549, 560, 564, 572, 592, 596, 597. As

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for the summary judgment motions at issue, Intel’s motion for summary judgment (ECF No. 580)

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was filed completely redacted, while VLSI’s motion for summary judgment (ECF No. 586) was

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filed with redactions limited to confidential information. The Parties’ over-inclusive provisional

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sealing or redaction of these briefs denies the public their right to these records where it is clear

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that only a small portion of those documents will be the subject of the ultimate sealing request.

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As such, each motion is DENIED without prejudice. The Parties are instructed to file a

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joint motion that outlines a plan for releasing public versions of their briefs with only confidential

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information redacted as soon as is feasible and prior to their respective hearing dates. The Court is

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amenable to underlying exhibits staying under seal past the hearing date if it reduces the burden on

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the parties and the Court will grant the request for extension of time to submit declarations to

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support narrowly tailored redactions upon agreement to expeditiously file partially redacted

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versions of these briefs.

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IT IS SO ORDERED.

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Dated: August 29, 2023
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BETH LABSON FREEMAN
United States District Judge

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