Avaya Inc. v. Pearce ( 2019 )

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 AVAYA INC., Case No. 19-cv-00565-SI 8 Plaintiff, ORDER RE: PLAINTIFF'S 9 v. ADMINSTRATIVE MOTION TO SEAL 10 RAYMOND BRADLEY PEARCE, et al., Re: Dkt. No. 128 11 Defendants. 12 13 On October 4, 2019, plaintiff filed an administrative motion to file under seal a number of 14 exhibits in support of plaintiff’s supplemental opposition to defendants’ motions to dismiss. Dkt. 15 No. 128. All of the exhibits have been designated as “Highly Confidential – Attorneys’ Eyes Only” 16 by the DBSI defendants.1 Pursuant to Civil Local Rule 79-5(e)(1), “[w]ithin 4 days of the filing of 17 the Administrative Motion to File Under Seal, the Designating Party must file a declaration as 18 required by subsection 79-5(d)(1)(A) establishing that all of the designated material is sealable.” 19 The DBSI defendants have not filed the required declaration. 20 The Court directs the DBSI defendants to file a declaration no later than October 17, 2019, 21 demonstrating why the exhibits or portions of exhibits should be filed under seal. Where a party 22 seeks to seal documents attached to a non-dispositive motion, a showing of “good cause” under 23 Federal Rule of Civil Procedure 26(c) is required. Kamakana v. City & County of Honolulu, 447 24 F.3d 1172, 1179-80 (9th Cir. 2006); see also Fed. R. Civ. P. 26(c). To show good cause, the moving 25 party must make a “particularized showing” that “specific harm or prejudice will result if the 26 information is disclosed.” Kamakana, 447 F.3d at 1179-80. “Reference to a stipulation or protective 27 1 order that allows a party to designate certain documents as confidential is not sufficient to establish 2 that a document, or portions thereof, are sealable.” Civ. L.R. 79-5(d)(1)(A). In addition, all requests 3 || to file under seal “must be narrowly tailored,” such that only sealable information is sought to be 4 || redacted from public access. Civ. L.R. 79-5(b). 5 6 IT IS SO ORDERED. San eat 8 Dated: October 15, 2019 SUSAN ILLSTON 9 United States District Judge 10 11 12 15 16 = 17 Z 18 19 20 21 22 23 24 25 26 27 28