Ashtiani v. Applied Materials Inc. et al

Filing 38

ORDER GRANTING 34 DEFENDANT APPLIED MATERIALSS MOTION TO FILE UNDER SEAL. Signed by Judge Beth Labson Freeman on July 28, 2021. (blflc2S, COURT STAFF) (Filed on 7/28/2021)

Case 5:20-cv-00463-BLF Document 38 Filed 07/28/21 Page 1 of 3

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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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AMIR ASHTIANI,
Plaintiff,

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v.

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APPLIED MATERIALS INC., et al.,

ORDER GRANTING DEFENDANT
APPLIED MATERIALS’S MOTION TO
FILE UNDER SEAL

Defendants.

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United States District Court
Northern District of California

Case No. 20-cv-00463-BLF

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Defendant Applied Materials, Inc. has filed an administrative motion to file under seal

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portions its opposition brief, exhibits attached to the opposition brief, and exhibits submitted in

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support of the motion to reopen this case. See Mot., ECF 34. Applied Materials requests sealing

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because the materials contain references to the confidential settlement agreement in this case. See

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Mot., Decl. of Daniel E. Lassen (“Lassen Decl.”), ECF 34-1. For the reasons stated below,

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Applied Materials’ motion is GRANTED.

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I.

LEGAL STANDARD
“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 and County of

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

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U.S. 589, 597 n.7 (1978)). Consequently, filings that are “more than tangentially related to the

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merits of a case” may be sealed only upon a showing of “compelling reasons” for sealing. Ctr. for

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Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 1101-02 (9th Cir. 2016). Filings that are only

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tangentially related to the merits may be sealed upon a lesser showing of “good cause.” Id. at

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1097.

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Sealing motions filed in this district also must be “narrowly tailored to seek sealing only of

Case 5:20-cv-00463-BLF Document 38 Filed 07/28/21 Page 2 of 3

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sealable material, and must conform with Civil L.R. 79-5(d).” Civil L.R. 79-5(b). Under Civil

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Local Rule 79-6(d), the submitting party must attach a “proposed order that is narrowly tailored to

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seal only the sealable material” which “lists in table format each document or portion thereof that

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is sought to be sealed.” In addition, a party moving to seal a document in whole or in part must file

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a declaration establishing that the identified material is “sealable.” Civ. L.R. 79-5(d)(1)(A).

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II.

DISCUSSION
Courts in this Circuit have found it appropriate to seal confidential settlement agreements.

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See, e.g., United Rentals, Inc. v. Ahern Rentals, Inc., No. 2:12-CV-01876-JCM, 2012 WL

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5418355, at *1 (D. Nev. Nov. 2, 2012) (“[A] prior settlement agreement is generally an important

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factor weighing against disclosure when continued secrecy was a significant condition of reaching

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United States District Court
Northern District of California

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settlement.”) (internal citation omitted). The Court has reviewed Applied Materials’s sealing

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motion and the Lassen Declaration submitted in support thereof. The Court finds that Applied

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Materials has articulated good cause to seal certain portions of the cited brief and exhibits. The

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proposed redactions are generally narrowly tailored. The Court’s rulings on the sealing request is

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set forth in the table below.

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ECF No.
33

Document to be Sealed
Applied Materials’s
Opposition to Motion to
Reopen Case

Result
GRANTED as to the
highlighted portions
at 1:22, 1:26, 2:1,
2:12- 13, 3:19.

33-2

Ex. A, Settlement
Agreement

GRANTED as to the
entire document

34-10

Ex. B and C, Fee

GRANTED as to the
2

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Reasoning
The highlighted portions
contain confidential
information relating to the
confidential terms of the
Parties’ Settlement
Agreement. Lassen Decl.
¶¶ 2-3. Public disclosure of
this information would
cause harm to Applied
Materials. Lassen Decl. ¶¶
3-4.
This document is the
confidential Settlement
Agreement. Lassen Decl.
¶¶ 2-3. Public disclosure of
this information would
cause harm to Applied
Materials. Lassen Decl. ¶¶
3-4.
The highlighted portions

Case 5:20-cv-00463-BLF Document 38 Filed 07/28/21 Page 3 of 3

Dispute letter

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highlight portions on
pages 2 and 3. The
redacted version of
this Document at
ECF 34-9 shall
replace Plaintiff’s
version of the
document at ECF 311.

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contain confidential
information relating to the
confidential terms of the
Parties’ Settlement
Agreement. Lassen Decl.
¶¶ 2-3. Public disclosure of
this information would
cause harm to Applied
Materials. Lassen Decl. ¶¶
3-4.

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III.

ORDER
For the reasons set forth herein, the Court GRANTS Applied Materials’s administrative

motion to file under seal portions of its opposition brief and exhibits submitted in support of that

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United States District Court
Northern District of California

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brief and the motion to reopen the case.

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IT IS SO ORDERED.

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Dated: July 28, 2021
______________________________________
BETH LABSON FREEMAN
United States District Judge

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