Apple Inc. v. Qualcomm Incorporated

Filing 418

ORDER Granting 405 Motion to File Documents Under Seal. Signed by Magistrate Judge Mitchell D. Dembin on 4/10/2018. (mxn)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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IN RE: QUALCOMM LITIGATION

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Case No.: 17cv108-GPC-MDD

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ORDER GRANTING MOTION TO
FILE DOCUMENTS UNDER SEAL

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[ECF No. 405]

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On April 4, 2018, Plaintiff and Counterclaim-Defendant Apple Inc. filed

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a Motion to Seal certain documents. (ECF No. 405). The motion seeks to seal

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an unredacted copy of a Joint Motion for Determination of Discovery Dispute

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and the Declaration of James W. Carlson in support of Apple’s position in the

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Joint Motion. (Id.).

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The Court has reviewed the documents and finds that the Joint Motion

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contains redacted information throughout. (ECF No. 404 at 1, 8, 9; ECF No.

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404-1-1 at 30, 49, 58; 404-2 at 5-8).

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Federal courts recognize “a strong presumption in favor of access to

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judicial documents which can be overcome only be showing sufficiently

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important countervailing interests.” Phillips ex rel. Estates of Byrd v. Gen.

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Motors Corp., 307 F.3d 1206, 1212-13 (9th Cir. 2002) (quoting San Jose
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17cv108-GPC-MDD

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Mercury News, Inc. v. U.S. Dist. Ct., 187 F.3d 1096, 1102 (9th Cir. 1999))

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(additional citations omitted). However, this presumption does not apply to

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“sealed discovery document[s] attached to … non-dispositive motion[s].” In re

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Nat’l Sec. Agency Telcoms. Records Litig., 2007 U.S. Dist. LEXIS 14473, WL

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549854, *42 (N.D. Cal. Feb. 20, 2007) (citing Kamakana v. City & Cnty. Of

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Honolulu, 447 F.3d 1172, 1179 (9th Cir. 2006).

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The Court finds that the Joint Motion and Declaration shall be sealed.

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Accordingly, the Motion to Seal is GRANTED. Apple has already

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electronically lodged on the docket the necessary redacted versions of these

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papers publicly and the unredacted version of these papers under seal. The

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Clerk shall file the lodged documents at ECF Nos. 406, 406-1 and 406-2

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under seal.

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IT IS SO ORDERED.
Dated: April 10, 2018

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17cv108-GPC-MDD