Prism Technologies v. T-Mobile USA, Inc.

Filing 664

MEMORANDUM AND ORDER that the court reporter shall make the above mentioned redactions 10 days after the filing of this order. Ordered by Senior Judge Lyle E. Strom. (LAC)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
PRISM TECHNOLOGIES, LLC,

)
)
Plaintiff,
)
)
v.
)
)
T-MOBILE USA INC.,
)
)
Defendant.
)
______________________________)

8:12CV124

MEMORANDUM AND ORDER

This matter is before the Court on Prism’s Proposed
Redactions to the Trial Transcript (Filing No. 626).

The

defendant did not file any opposition to the proposed redactions.
After reviewing the motion, and the applicable law, the Court
finds as follows.
LAW
“There is a common-law right of access to judicial
records.”

IDT Corp. v. eBay, 709 F.3d 1220, 1222 (8th Cir.

2013)(citing Nixon v. Warner Commc’ns, Inc., 435 U.S. 589, 597,
98 S.Ct. 1306, 55 L.Ed.2d 570 (1978).

The Eighth Circuit has

applied the common-law right of access to civil proceedings.

See

Webster Groves School District v. Pulitzer Publishing Co., 898
F.2d 1371, 1376-77 (8th Cir. 1990).

“[C]onfidential information

may be so embedded in a pleading that line-by-line redaction is
impossible, or redaction might be insufficient to protect the
interests that justify sealing.”

IDT Corp., 709 F.3d at 1224

(citing In re Search Warrant for Secretarial Area Outside Office
of Gunn, 855 F.2d 569, 574 (8th Cir. 1988); Goff v. Graves, 362
F.3d 543, 550 (8th Cir. 2004)).
REDACTIONS TO THE TRIAL TRANSCRIPT
After reviewing Prism’s proposed redactions, the Court
finds that redactions are proper in certain instances.

However,

the Court does not agree with all of Prism’s proposed redactions.
Some of the proposed redactions are overly broad and do not meet
the confidential or proprietary nature that is cured by
redaction.

In addition, some of the proposed redactions are

already in sealed transcripts, therefore, not requiring any
redaction.

The following shall be redacted from the trial

transcript:
VOL.

PAGE

REDACTION

I

22

Lines 4-5.

I

22

Sentence beginning on line 13, ending on
line 14.

I

22

Sentence beginning on line 20, ending on
line 22.

I

23

Sentence beginning on line 2, ending on
line 5.

I

23

Lines 6-7.

I

25

Sentence beginning on line 18, ending on
line 21.

I

57

Lines 19-23.
-2-

V

1088

Lines 6-9.

V

1094

Lines 5-12.

V

1094

Sentence beginning on line 16, ending on
line 17.

V

1094

Line 19 to line 21 ending on “discount”.

V

1095

Line 1, redact numbers.

V

1106

Line 17, redact number.

V

1106

Line 20, redact number.

VI

1250

Line 22, redact the dollar amount.

VI

1253

Line 13, redact the dollar amount.

VI

1294

Line 1, redact the dollar amount.

VI

1294

Line 5, redact the dollar amount.

VI

1295

Line 21, redact the dollar amount.

VI

1304

Line 19, redact the dollar amount.

VI

1333

Line 5, redact the dollar amount.

XII

2579

Line 23, redact the dollar amount.

XII

2685

Sentence beginning on line 21, ending on
line 22.

IT IS ORDERED that the court reporter shall make the
above mentioned redactions 10 days after the filing of this
order.
DATED this 25th day of February, 2016.
BY THE COURT:
/s/ Lyle E. Strom
____________________________
LYLE E. STROM, Senior Judge
United States District Court
-3-