Floyd v. Amazon.com Inc et al

Filing 95

ORDER granting Defendant's 84 Motion to Seal. Exhibits A-P attached to the Perry declaration shall be maintained under seal until further order of the Court. Signed by District Judge Kymberly K. Evanson. (SB)

Honorable Kymberly K. Evanson

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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STEVEN FLOYD, individually and on behalf
of all other similarly situated,

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Plaintiff,
v.
AMAZON.COM INC. and APPLE INC.,
Defendants.

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ORDER GRANTING APPLE’S MOTION TO
SEAL

Case No. 2:22-cv-01599 KKE
ORDER GRANTING APPLE’S
MOTION TO SEAL

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This matter comes before the Court on Defendant Apple Inc.’s unopposed motion to seal

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parts of the declaration of Mark A. Perry and all of the attached exhibits (Dkt. No. 88), which were

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filed in support of Apple’s and Defendant Amazon.com Inc.’s opposition to Plaintiff’s motion for
leave to amend the first amended complaint and to intervene. Dkt. No. 84. The Court grants the
motion to seal for the following reasons.

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“In this circuit, we start with a strong presumption in favor of access to court records.”

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Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1135 (9th Cir. 2003). The party seeking to

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seal a court record generally “bears the burden of overcoming this strong presumption by meeting

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the compelling reasons standard. That is, the party must articulate compelling reasons supported

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by specific factual findings that outweigh the general history of access and the public policies
favoring disclosure[.]” Kamakana v. City & Cnty. of Honolulu, 447 F.3d 1172, 1178–79 (9th Cir.
2006) (cleaned up). The Local Rules of this district require a party filing a motion to seal to inter

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alia identify the interests that warrant sealing and the injury that would result if the motion is not

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granted, and to explain why a less restrictive alternative than sealing is insufficient. Local Rules

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W.D. Wash. LCR 5(g)(3)(B).

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The Court finds that Apple has shown compelling reasons to seal the materials identified
below, because they contain confidential business information regarding Apple’s internal systems
and processes for protecting data that, if made public, could harm Apple’s competitive standing.

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No means other than sealing will protect the confidential business information, the protection of

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which outweighs the public right of access to court records. See, e.g., Ctr. for Auto Safety v.

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Chrysler Grp., LLC, 809 F.3d 1092, 1097 (9th Cir. 2016) (indicating that compelling reasons to

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grant a motion to seal would exist “when a court record might be used … ‘as sources of business

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information that might harm a litigant’s competitive standing[]’” (quoting Nixon v. Warner
Commnc’ns, Inc., 435 U.S. 589, 598–99 (1978))).
ORDER GRANTING
APPLE’S MOTION TO SEAL

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2:28

Perry Declaration

3:1

Perry Declaration

3:6

Perry Declaration

3:11

Perry Declaration

3:16

Perry Declaration

3:21

Perry Declaration

3:26

Perry Declaration

4:3

Perry Declaration

4:8

Perry Declaration

4:13

Perry Declaration

4:18

Perry Declaration

4:23

Perry Declaration

Reflects information regarding Apple’s
confidential, internal processes and
systems for maintaining data about
Apple devices and users.
Reflects information regarding Apple’s
confidential, internal processes and
systems for maintaining data about
Apple devices and users.
Reflects information regarding Apple’s
confidential, internal processes and
systems for maintaining data about
Apple devices and users.
Reflects information regarding Apple’s
confidential, internal processes and
systems for maintaining data about
Apple devices and users.
Reflects information regarding Apple’s
confidential, internal processes and
systems for maintaining data about
Apple devices and users.
Reflects information regarding Apple’s
confidential, internal processes and
systems for maintaining data about
Apple devices and users.
Reflects information regarding Apple’s
confidential, internal processes and
systems for maintaining data about
Apple devices and users.
Reflects information regarding Apple’s
confidential, internal processes and
systems for maintaining data about
Apple devices and users.
Reflects information regarding Apple’s
confidential, internal processes and
systems for maintaining data about
Apple devices and users.
Reflects information regarding Apple’s
confidential, internal processes and
systems for maintaining data about
Apple devices and users.
Reflects information regarding Apple’s
confidential, internal processes and
systems for maintaining data about
Apple devices and users.
Reflects information regarding Apple’s
confidential, internal processes and
systems for maintaining data about
Apple devices and users.

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ORDER GRANTING
APPLE’S MOTION TO SEAL

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4:28

Perry Declaration

5:5

Perry Declaration

Reflects information regarding Apple’s
confidential, internal processes and
systems for maintaining data about
Apple devices and users.
Reflects information regarding Apple’s
confidential, internal processes and
systems for maintaining data about
Apple devices and users.

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Dated this 9th day of April, 2024.

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A

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Kymberly K. Evanson
United States District Judge

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ORDER GRANTING
APPLE’S MOTION TO SEAL

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