Unwired Planet LLC v. Square, Inc

Filing 68

ORDER GRANTING Unwired Planet LLC's # 64 Motion to Seal. Signed by Magistrate Judge William G. Cobb on 6/17/2014. (Copies have been distributed pursuant to the NEF - DRM)

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

UNWIRED PLANET, LLC,

)
)
Plaintiff,
)
)
vs.
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SQUARE, INC.,
)
)
Defendant.
)
________________________________________)

3:13-cv-00579-RCJ-WGC
MINUTES OF THE COURT
June 17, 2014

PRESENT: THE HONORABLE WILLIAM G. COBB, U.S. MAGISTRATE JUDGE
DEPUTY CLERK:

KATIE LYNN OGDEN REPORTER: NONE APPEARING

COUNSEL FOR PLAINTIFF(S): NONE APPEARING
COUNSEL FOR DEFENDANT(S): NONE APPEARING
MINUTE ORDER IN CHAMBERS:
Before the court is Unwired Planet LLC's Motion to Seal (Doc. # 64) seeking to file under
seal page 2 of its demonstrative exhibit utilized at the June 12, 2014 discovery status conference on
the grounds that this page of the document contains confidential source code information which is
covered by the Protective Order entered into by the parties and approved by the court.
“Historically, courts have recognized a general right to inspect and copy public records and
documents, including judicial records and documents.” See Kamakana v. City and County of
Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006) (internal quotation marks and citation omitted).
“‘Throughout our history, the open courtroom has been a fundamental feature of the American
judicial system. Basic principles have emerged to guide judicial discretion respecting public access
to judicial proceedings. These principles apply as well to the determination of whether to permit
access to information contained in court documents because court records often provide important,
sometimes the only, bases or explanations for a court’s decision.’” Oliner v. Kontrabecki, 745 F.3d
1024, 1025 (9th Cir. Mar. 20, 2014) (quoting Brown & Williamson Tobacco Corp. v. F.T.C., 710
F.2d 1165, 1177 (6th Cir. 1983)).
Documents that have been traditionally kept secret, including grand jury transcripts and
warrant materials in a pre-indictment investigation, come within an exception to the general right
of public access. See Kamakana, 447 F.3d at 1178. Otherwise, “a strong presumption in favor of
access is the starting point.” Id. (internal quotation marks and citation omitted).

MINUTES OF THE COURT
3:13-cv-00579-RCJ-WGC
Date: June 17, 2014
Page 2
When a party seeks to file a document under seal in connection with a nondispositive motion,
as Unwired Planet LLC does here a "good cause" standard applies. Oliner, 745 F.3d at 1025 (quoting
Pintos v. Pac. Creditors Ass’n, 605 F.3d 665, 677-78 (9th Cir. 2010) (amended opinion)). The court
finds that Unwired Planet LLC has adequately demonstrated that good cause exists for sealing page
2 of the demonstrative exhibit submitted for the court's review in connection with the June 12, 2014
status conference because it contains confidential source code information. Therefore, Unwired
Planet LLC's Motion to Seal (Doc. # 64) is GRANTED.
IT IS SO ORDERED.
LANCE S. WILSON, CLERK

By:

/s/
Deputy Clerk