Iridex Corporation v. Quantel Medical, S.A. et al

Filing 12

ORDER GRANTING 6 PLAINTIFF'S ADMINISTRATIVE MOTION TO SEAL EXHIBIT A TO COMPLAINT. Signed by Magistrate Judge Susan van Keulen on 1/16/2018. (ofr, COURT STAFF) (Filed on 1/16/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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IRIDEX CORPORATION,
Plaintiff,

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v.
QUANTEL MEDICAL, S.A., et al.,
Defendants.

United States District Court
Northern District of California

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Case No.18-cv-00153-SVK
ORDER GRANTING PLAINTIFF'S
ADMINISTRATIVE MOTION TO SEAL
EXHIBIT A TO COMPLAINT
Re: Dkt. No. 6

Before the Court is Plaintiff Iridex Corporation’s (“Iridex”) Administrative Motion to File

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Exhibit A to the Complaint Under Seal (“Motion”). Iridex seeks to seal certain business and

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financial information that is attached to its Complaint.

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Courts recognize a “general right to inspect and copy public records and documents,

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including judicial records and documents.” Kamakana v. City & Cnty. Of Honolulu, 447 F.3d

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1172, 1178 (9th Cir. 2006) (quoting Nixon v. Warner Communs., Inc., 435 U.S. 589, 597 & n.7

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(1978)). A request to seal court records therefore starts with a “strong presumption in favor of

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access.” Kamakana, 447 F.3d at 1178 (quoting Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d

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1122, 1135 (9th Cir. 2003)). The standard for overcoming the presumption of public access to

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court records depends on the purpose for which the records are filed with the court. A party

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seeking to seal court records relating to motions that are “more than tangentially related to the

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underlying cause of action” must demonstrate “compelling reasons” that support secrecy. Ctr. For

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Auto Safety v. Chrysler Grp., 809 F.3d 1092, 1099 (9th Cir. 2016). For records attached to

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motions that re “not related, or only tangentially related, to the merits of the case,” the lower

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“good cause” standard of Rule 26(c) applies. Id.; see also Kamakana, 447 F.3d at 1179. A party

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moving to seal court records must also comply with the procedures established by Civil Local

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Rule 79-5.

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Here, the “compelling reasons” standard applies because Exhibit A to the Complaint is a

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part of the pleadings on which this action is based. See In re NVIDIA Corp. Derivative Litig., No.

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06–cv–06110–SBA, 2008 WL 1859067, at *3 (N.D.Cal. Apr. 23, 2008) (applying “compelling

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reasons” standard to request to seal complaint). Having considered the Motion, the Declaration of

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William E. Mosley in support thereof, the pleadings on file, the Court finds compelling reasons to

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seal Exhibit A. The Motion is hereby GRANTED.

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IT IS HEREBY ORDERED that the following materials should be sealed and that

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counsel for Iridex may file the following materials under seal:
Document
Text to be Sealed
Basis for Sealing Portion of Document
Ex. A to the
Entire Exhibit
Narrowly tailored to confidential
Complaint
business and financial information

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United States District Court
Northern District of California

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SO ORDERED.

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Dated: January 16, 2018

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SUSAN VAN KEULEN
United States Magistrate Judge

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