Andes Industries, Inc. et al v. Lan et al

Filing 49

ORDER Granting 46 Plaintiffs' Motion to File Under Seal. Sealed documents 39 , 40 , 44 , and 45 shall remain sealed. Signed by Magistrate Judge George Foley, Jr on 9/19/2014. (Copies have been distributed pursuant to the NEF - EDS)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Plaintiff,
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vs.
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CHENG SUN LAN, et al.,
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Defendant.
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__________________________________________)
ANDES INDUSTRIES, INC. and
PCT INTERNATIONAL, INC.,

Case No. 2:14-cv-00400-APG-GWF
ORDER
Motion to File Portions of Plaintiffs’
Motion for Jurisdictional Discovery,
Response to Motion to Dismiss and
Supporting Exhibits Under Seal (#46)

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This matter comes before the Court on Plaintiffs’ Motion to File Portions of Plaintiffs’

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Motion for Jurisdictional Discovery, Response to Motion to Dismiss and Supporting Exhibits

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Under Seal (#46), filed on September 17, 2014.

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The Supreme Court has recognized a “general right to inspect and copy public records and

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documents, including judicial records and documents.” See Nixon v. Warner Comm., Inc., 435 U.S.

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589, 597 & n. 7 (1978). Unless a particular court record is one “traditionally kept secret,” a “strong

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presumption in favor of access” is the starting point. See Foltz v. State Farm Mutual Auto.

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Insurance Company, 331 F.3d 1122, 1135 (9th Cir. 2003) (citing Hagestad v. Tragesser, 49 F.3d

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1430, 1434 (9th Cir. 1995)). The 9th Circuit has held that the sealing of filings is appropriate to

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protect the parties’ proprietary business operations and trade secrets. See Kamakana v. City and

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County of Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006). The party seeking to seal a judicial

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record bears the burden of overcoming the strong presumption by articulating the compelling

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reasons supported by specific factual findings that outweigh the general history of access and the

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public policies favoring disclosure. Id. The public policies that support the right of access to

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dispositive motions, and related materials, do not apply with equal force to non-dispositive

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materials. See Phillips v. General Motors Corp., 307 F.3d 1206, 1214 (9th Cir. 2002). Thus, a

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‘good cause’ showing alone will not suffice to fulfill the ‘compelling reasons’ standard that a party

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must meet to rebut the presumption of access to dispositive pleadings and attachments. See

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Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1179 (9th Cir. 2006); see also Starlite

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Development (China) Ltd. v. Textron Financial Corp., 2008 WL 2705393 at 34, (E.D. Cal. 2008).

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Here, Plaintiffs indicate that portions of their motion for jurisdictional discovery, response

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to Defendants’ motion to dismiss, and supporting exhibits for both pleadings contain “highly

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sensitive trade secret and non-public information such as Plaintiffs’ pricing, purchasing quantities,

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and internal financial information.” See Dkt. #46. Specifically, Plaintiffs seek to seal portions of

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its pleadings that reveal confidential customer information. Plaintiffs also seek to seal exhibits to

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those pleadings, which include a promissory note; a company power point presentation detailing

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business operations, company products, and disclosing pictures of manufacturing facilities; and

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portions of internal operating emails and financial invoices. See Dkt. #39, #40, #44, #45. Having

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reviewed the documents, the Court finds that Plaintiffs establish compelling reasons to file portions

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of their aforementioned pleadings and exhibits under seal. Accordingly,

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IT IS HEREBY ORDERED that Plaintiffs’ Motion to File Portions of Plaintiffs’ Motion

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for Jurisdictional Discovery, Response to Motion to Dismiss and Supporting Exhibits Under Seal

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(#46) is granted. Sealed documents #39, #40, #44, and #45 shall remain sealed.

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DATED this 19th day of September, 2014.

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______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge

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