Youngevity International, Corp. v. Smith et al

Filing 332

ORDER Denying Defendants' 327 Application to File Under Seal. Signed by Magistrate Judge Jill L. Burkhardt on 12/14/2017. (mxn)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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YOUNGEVITY INTERNATIONAL,
CORP., et al.,

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ORDER DENYING DEFENDANTS’
APPLICATION TO FILE UNDER
SEAL

Plaintiff,

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Case No.: 16-cv-704 BTM (JLB)

v.
TODD SMITH, et al.,

[ECF No. 327]
Defendant.

Before the Court is Defendants’ Ex Parte Application to File Under Seal. (ECF No.
327.) Defendants seek to file the entirety of their Motion for Sanctions and for Order to
Show Cause Re Violations of Protective Order and all exhibits, totaling 88 pages, under
seal. (Id.) Defendants seek to file under seal because (i) the alleged violations relate to
information the parties designated as “Confidential – For Counsel Only” under the
stipulated protective order, and (ii) the motions and exhibits include discussion of
“confidential sales figures from Wakaya, as well as competitively useful information about
individual distributors.” (Id. at 3.) Defendants filed the proposed motion and exhibits
under seal in unredacted form. (ECF No. 328.)
Defendants fail to make a particularized showing of good cause to file the entirety
of its motion and all exhibits under seal. See Kamakana v. City & Cty. of Honolulu, 447
F.3d 1172, 1180 (9th Cir. 2006). Defendants did not file a redacted version of the
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16-cv-704 BTM (JLB)

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documents they seek to file under seal. See Judge Burkhardt’s Civil Chamber Rules,

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Section V. Nor do Defendants explain why the entirety of each exhibit, some of which

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appear to be publicly filed court documents, should be filed under seal.
Accordingly, Defendants’ Application to File Under Seal is DENIED without

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prejudice.

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on or before December 18, 2017 that provides greater justification for filing each

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document1 under seal. For any document Defendants seek to file under seal, they should

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either address why the entire document should be filed under seal, or file a redacted version

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of the document with an explanation why the redacted portions should be redacted from

The Court grants Defendants leave to file a renewed motion to file under seal

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public view.

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IT IS SO ORDERED.

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Dated: December 14, 2017

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Some of the individual exhibits Defendants seek to file under seal comprise a collection of documents.
Defendants should address why good cause exists to file each document under seal.
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16-cv-704 BTM (JLB)