Brighton Collectibles, Inc. v. RK Texas Leather MFG et al

Filing 218

ORDER Granting In Part and Denying In Part 138 , 157 , 186 Motions to File Documents Under Seal; Granting 183 Motion for Leave to File Excess Pages; Granting 198 Motion to File Documents Under Seal. Signed by Judge Gonzalo P. Curiel on 11/14/2012. (srm)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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BRIGHTON COLLECTIBLES, INC.,

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vs.

CASE NO. 10-CV-419-GPC (WVG)

Plaintiff,

ORDER DENYING IN PART AND
GRANTING IN PART MOTIONS TO
SEAL AND GRANTING JOINT
MOTION TO EXCEED PAGE LIMITS

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RK TEXAS LEATHER MFG; K & L
IMPORTS, INC.; et al.,

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Defendants;
and related cross claims.

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This copyright infringement action was transferred to the under-signed with five

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fully-briefed motions for summary judgment and two Daubert motions. [Doc. Nos. 136,

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144, 160, 163, 170, 174, 187] The Court will notify the parties if a hearing will be

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necessary; however, in the interim, the motions are submitted on the briefs.

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A. Motions to Seal Memorandum and Exhibits

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There is a presumptive right of public access to court records based upon the

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common law and the first amendment. See Nixon v. Warner Comm., Inc., 435 U.S. 589,

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597 (1978); Phillips ex rel. Estates of Byrd v. General Motors Corp., 307 F.3d 1206, 1212-

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13 (9th Cir. 2002). Nonetheless, access may be denied to protect sensitive confidential

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information. Courts are more likely to protect information covered by Rule 26(c) of the

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Federal Rules of Civil Procedure, but are not limited by items listed in protective orders.

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E.g., KL Group v. Case, Kay, & Lynch, 829 F.2d 909, 917-19 (9th Cir. 1987) (letter to
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10-CV-419

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client from attorney); Kalinauskas v. Wong, 151 F.R.D. 363, 365-67 (D. Nev.1993)

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(confidential settlement agreement).

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Parties seeking a sealing order must provide a specific description of particular

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documents and affidavits showing good cause to protect those documents from disclosure.

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Documents filed under seal will be limited to only those documents, or portions thereof,

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necessary to protect such sensitive information.1

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The Court has reviewed the attorneys’ declarations, examined the exhibits, and

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determined that they are appropriately sealed because they contain confidential information.

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For good cause shown, the Court grants Plaintiff Brighton Collectibles, Inc.’s motion to file

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under seal exhibit 42 to Jerry Kohl’s declaration in connection with its opposition brief to

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Defendants’ motion for summary judgment. [Doc. No. 198]. Plaintiff’s counsel shall

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promptly deliver a courtesy copy of exhibit 42 to chambers.

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Similarly, the Court grants in part the remaining motions to seal only to the extent

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that they cover exhibits, including: Defendant Joymax Trading, Inc.’s exhibits P, Q, and S

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to Lacey Rice’s declaration [Doc. No. 138]; David Swift’s declaration with exhibits [Doc.

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No. 157]; and Defendant YK Trading, Inc.’s exhibits A and C to James Monagle’s

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declaration. [Doc. No. 186]

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The Court denies the motions to the extent that the parties seek to seal their

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memorandum of points of authorities. [Doc. Nos. 138, 157, 186] Most of the information

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in the legal briefs can be disclosed to the public without violating the protective order. The

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Court instructs counsel to redact only those portions of the brief that disclose confidential

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information and to file a redacted brief on the public record within fourteen days of the

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filing of this order.

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B. Joint Motion to Exceed Page Limits

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For good cause shown, the Court grants the joint motion for leave to exceed the page

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Any member of the public may challenge the sealing of any particular document. See
Citizens First Nat'l Bank of Princeton v. Cincinnati Ins. Co., 178 F.3d 943, 944-45 (7th Cir.
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10-CV-419

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limits on the opening, opposition, and reply briefs on the motion for summary judgment on

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the copyright infringement claim. [Doc. No. 183]

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IT IS SO ORDERED.

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DATED: November 14, 2012

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HON. GONZALO P. CURIEL
United States District Judge

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10-CV-419