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 are Plaintiff’s Motions to File Documents under Seal (Docs. 24, 27, 33) 16 and Defendant’s Motion to File Documents under Seal (Doc. 31). 17 In the Ninth Circuit, courts “start with a strong presumption in favor of access to 18 court records.” Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 1096 (9th Cir. 19 2016) (quoting Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1135 (9th Cir. 20 2003)). “In order to overcome this strong presumption, a party seeking to seal a judicial 21 record must articulate justifications for sealing that outweigh the historical right of access 22 and the public policies favoring disclosure.” Kamakana v. City & Cty. of Honolulu, 447 23 F.3d 1172, 1178–79 (9th Cir. 2006). Where a document is “more than tangentially related 24 to the merits” of a case, the party seeking to seal the document must demonstrate 25 “compelling reasons to keep the documents under seal.” Ctr. for Auto Safety, 809 F.3d at 26 1103. 27 Plaintiff has provided sufficient compelling reasons to file under seal the Reply in 28 Support of its Motion for Temporary Restraining Order (lodged under seal at Doc. 29), Second Declaration of John Hynes (lodged under seal at Doc. 26), the Motion to Strike 2|| Portions of Goudie Declaration (lodged under seal at Doc. 28), and the Proposed Findings || of Fact and Conclusions of Law (lodged under seal at Doc. 35). Likewise, Defendant has 4|| provided sufficient compelling reasons to file under seal the Motion to Strike Stephen 5 || Scherf Declaration (lodged under seal at Doc. 32). Specifically, the parties have stated that || the subject documents contain confidential business and financial data, the disclosure of 7\| which could harm the parties’ competitive standing. See Kamakana, 447 F.3d at 1179. 8 || Moreover, the Court takes into account the expedited nature of the subject briefing in 9|| conjunction with Plaintiff's Motion for Temporary Restraining Order. 10 IT IS THEREFORE ORDERED granting Plaintiff's Motions to File Documents || under Seal (Docs. 24, 27, 33). 12 IT IS FURTHER ORDERED granting Defendant’s Motion to File Documents 13 || under Seal (Doc. 31). 14 IT IS FURTHER ORDERED that the Clerk of Court shall file under seal the 15 || documents presently lodged under seal at Docs. 26, 28, 29, 32, and 35. 16 Dated this 5th day of May, 2021. CN 17 “wok: 18 wefehlee— Unifga StatesDistrict Judge 19 20 21 22 23 24 25 26 27 28 _2-