National Payment Systems LLC v. BSR Acquisition Company LLC ( 2021 )

1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 National Payment Systems LLC, No. CV-21-00666-PHX-JJT 10 Plaintiff, ORDER 11 v. 12 BSR Acquisition Company LLC, 13 Defendant. 14 15 At issue is Defendant’s Motion to File Documents under Seal (Doc. 36). 16 In the Ninth Circuit, courts “start with a strong presumption in favor of access to 17 court records.” Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 1096 (9th Cir. 18 2016) (quoting Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1135 (9th Cir. 19 2003)). “In order to overcome this strong presumption, a party seeking to seal a judicial 20 record must articulate justifications for sealing that outweigh the historical right of access 21 and the public policies favoring disclosure.” Kamakana v. City & Cty. of Honolulu, 447 22 F.3d 1172, 1178–79 (9th Cir. 2006). Where a document is “more than tangentially related 23 to the merits” of a case, the party seeking to seal the document must demonstrate 24 “compelling reasons to keep the documents under seal.” Ctr. for Auto Safety, 809 F.3d at 25 1103. 26 Defendant has provided sufficient compelling reasons to file under seal the 27 Proposed Findings of Fact and Conclusions of Law (lodged under seal at Doc. 37). 28 Specifically, Defendant has stated that the subject document contains confidential business || and financial data, the disclosure of which could harm the parties’ competitive standing. 2|| See Kamakana, 447 F.3d at 1179. Moreover, the Court takes into account the expedited 3|| nature of the subject briefing in conjunction with Plaintiffs Motion for Temporary Restraining Order. 5 IT IS THEREFORE ORDERED granting Defendant’s Motion to File Documents 6|| under Seal (Doc. 36). 7 IT IS FURTHER ORDERED that the Clerk of Court shall file under seal the 8 || document presently lodged under seal at Doc. 37. 9 Dated this 6th day of May, 2021. CN 11 wef hlee— Unifgd State#District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 _2-