Opinion
Case No. 17-cv-02990-BLF
03-13-2019
STEVEN GOMO, et al., Plaintiffs, v. NETAPP, INC., et al., Defendants.
ORDER GRANTING PARTIES' STIPULATED REQUESTS TO SEAL CERTAIN EXHIBITS
[Re: ECF 66, 68, 69]
For the reasons discussed below, the Court GRANTS the parties' stipulated requests to seal certain exhibits submitted with their cross-motions for summary judgment.
I. LEGAL STANDARD
"Historically, courts have recognized a 'general right to inspect and copy public records and documents, including judicial records and documents.'" Kamakana v. City and Cnty. of Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006) (quoting Nixon v. Warner Commc'ns, Inc., 435 U.S. 589, 597 & n.7 (1978)). Consequently, filings that are "more than tangentially related to the merits of a case" may be sealed only upon a showing of "compelling reasons" for sealing. Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 1101-02 (9th Cir. 2016). Filings that are only tangentially related to the merits may be sealed upon a lesser showing of "good cause." Id. at 1097.
Sealing motions filed in this district also must be "narrowly tailored to seek sealing only of sealable material." Civil L.R. 79-5(b). A party moving to seal a document in whole or in part must file a declaration establishing that the identified material is "sealable." Civ. L.R. 79-5(d)(1)(A). "Reference to a stipulation or protective order that allows a party to designate certain documents as confidential is not sufficient to establish that a document, or portions thereof, are sealable." Id.
II. EXHIBITS SUBMITTED WITH PLAINTIFFS' MOTION
On January 25, 2019, Plaintiffs filed a motion for summary judgment, supported by numerous documents, on the public docket. See ECF 55, 56. On the same day, Plaintiffs notified the Court that some of the documents had been filed publicly in error, and the Court locked the documents.
On February 1, 2019, Defendants filed a motion for sanctions based on Plaintiffs' public filing of Exhibits 8, 17, and 19 to the Martin Declaration and Exhibit 1 to the Warmenhoven Declaration. See ECF 59. The sanctions motion was referred to Magistrate Judge Cousins for disposition. See ECF 63. On February 28, 2019, the parties filed a stipulated request to seal the exhibits in question. See ECF 66. Defendants have withdrawn their sanctions motion without prejudice while awaiting the Court's disposition of the stipulated sealing request. See ECF 79.
The documents in question are identified in the following chart, drawn from the parties' stipulated sealing request (ECF 66):
| NO. | Document | Bates | Attached To |
|---|---|---|---|
| 1 | 03/03/2017 Email FromSaunders toMcDonald/Kurose:Summary of Notes fromMeeting | NetApp 001954 -1957 | Exhibit 8 ("Exhibit8") to Declaration ofJ. Philip Martin (Dkt.56-1, pp. 57-60) |
| 2 | Mercer Report | NetApp 008140 -008144 | Exhibit 17 ("Exhibit17") to Declarationof J. Philip Martin(Dkt. 56-1, pp. 123-127) |
| 3 | Minutes of Mtg ofComp Comm, 04/07/ 16 | NetApp 001330 -1332 | Exhibit 19 ("Exhibit19") to Declarationof J. Philip Martin(Dkt. 56-1, pp. 133-135) |
| 4 | Slide show to CompComm Mtg, 04/07/16 | NetApp 2133,2166 - 2176 | Exhibit 19 (Dkt. 56-1, pp. 136-147) |
| 5 | Slideshow entitled"Executive RetirementMedical Plan" | Warmenhoven699 - 701 | Exhibit 1 ("Exhibit1") to Declaration ofWarmenhoven (Dkt.56-3, pp. 6-8) |
The Court must determine whether there are "compelling reasons" to seal these exhibits, as they were filed in support of Plaintiffs' motion for summary judgment and therefore are more than tangentially related to the merits of the case. The exhibits include non-public minutes and materials from NetApp's Compensation Committee meetings; records of a private meeting between NetApp executives regarding changes to NetApp's compensation plan; and documents containing details regarding NetApp's compensation structure and personal information about NetApp executives and their spouses. The Court finds that the compelling reasons standard is met for these exhibits on the basis that they contain non-public, confidential information regarding Defendant NetApp's compensation plan and executives. The Court also finds that the sealing request is narrowly tailored and that it would not be practicable to redact the exhibits rather than sealing them entirely. Accordingly, the sealing request is GRANTED as to these exhibits.
III. EXHIBITS SUBMITTED WITH DEFENDANTS' CROSS-MOTION
On March 7, 2019, Defendants filed a cross-motion for summary judgment, an administrative motion to seal certain exhibits submitted in support of the cross-motion, and a stipulated request that the administrative sealing motion be granted. See ECF 68, 69, 71. The documents as to which the parties request sealing are identified in the following chart, drawn from the parties' stipulated sealing request (ECF 69):
| ItemNo. | Description | Bates Range | Attached To |
|---|---|---|---|
| 1 | Deposition Exhibit 1:2003-08-05 Email chainbetween Carlton andWarmenhoven regardingCompensation Committee CallAgenda | Warmenhoven 644-645 | Deposition Exhibit 1 attached aspart of Exhibit 1 to the DeclarationOf Clarissa A. Kang In Support OfDefendants' Cross-Motion ForSummary Judgment AndDefendants' Opposition ToPlaintiffs' Motion For SummaryJudgment |
| 2 | Deposition Exhibit 2:2003-08-08 Email from Carltonto Warmenhoven re MedicalCoverage for Jeff | Warmenhoven 646 | Deposition Exhibit 2 attached aspart of Exhibit 1 to the DeclarationOf Clarissa A. Kang In Support OfDefendants' Cross-Motion ForSummary Judgment AndDefendants' Opp To Plaintiffs'Motion For Summary Judgment |
| ItemNo. | Description | Bates Range | Attached To |
|---|---|---|---|
| 3 | Deposition Exhibit 3:2003-08-05 Email chainbetween Carlton andWarmenhoven regardingCompensation Committee CallAgenda | Warmenhoven 647 | Deposition Exhibit 3 attached aspart of Exhibit 1 to the DeclarationOf Clarissa A. Kang In Support OfDefendants' Cross-Motion ForSummary Judgment AndDefendants' Opposition ToPlaintiffs' Motion For SummaryJudgment |
| 4 | Deposition Exhibit 11:2004-04-04 Email from Correato Bartz and Wall with cc toWarmenhoven, Carlton,McDonald and First regardingCompensation CommitteeConference Call 4-6-04 | Warmenhoven 676 | Deposition Exhibit 11 attached aspart of Exhibit 2 to the DeclarationOf Clarissa A. Kang In Support OfDefendants' Cross-Motion ForSummary Judgment AndDefendants' Opposition ToPlaintiffs' Motion For SummaryJudgment |
| 5 | Deposition Exhibit 14:2005-04-12 Email from Correato Bartz, Wall, Leslie with cc toWarmenhoven and McDonaldregarding 4-12-05 ConferenceCall Materials | Warmenhoven 685 | Deposition Exhibit 14 attached aspart of Exhibit 1 to the DeclarationOf Clarissa A. Kang In Support OfDefendants' Cross-Motion ForSummary Judgment AndDefendants' Opposition ToPlaintiffs' Motion For SummaryJudgment |
| 6 | Deposition Exhibit 16:PowerPoint entitled ExecutiveRetirement Medical Plan | Warmenhoven 699-701 | Deposition Exhibit 16 attached aspart of Exhibit 1 to the DeclarationOf Clarissa A. Kang In Support OfDefendants' Cross-Motion ForSummary Judgment AndDefendants' Opposition ToPlaintiffs' Motion For SummaryJudgment |
| 7 | Deposition Exhibit 25:2015-11-12 Minutes of theMeeting of the CompensationCommittee of the Board ofDirectors of NetApp, Inc. | NETAPP 001318-NETAPP 001320 | Exhibit 8 of the Declaration ofNancy Saunders in Support ofDefendants' Cross-Motion forSummary Judgment andDefendants' Opp to Plaintiffs'Motion for Summary Judgment |
| 8 | Deposition Exhibit 35:2017-03-03 Email chaincontaining Nancy Saunders'notes from the August 25, 2016Executive Retiree Plan Meeting | NETAPP 001954-001957 | Exhibit 9 of the Declaration ofNancy Saunders in Support ofDefendants' Cross-Motion forSummary Judgment andDefendants' Opposition toPlaintiffs' Motion for SummaryJudgment |
| ItemNo. | Description | Bates Range | Attached To |
|---|---|---|---|
| 9 | Deposition Exhibit 42:PowerPoint entitled ExecutiveRetiree Medical Plan UpdateAugust 25, 2016 | NETAPP 001961-NETAPP 001971 | Exhibit 10 of the Declaration ofNancy Saunders in Support ofDefendants' Cross-Motion forSummary Judgment andDefendants' Opposition toPlaintiffs' Motion for SummaryJudgment |
The Court must determine whether there are "compelling reasons" to seal these exhibits, as they were filed in support of Defendants' cross-motion for summary judgment and therefore are more than tangentially related to the merits of the case. The exhibits include non-public minutes and materials from NetApp's Compensation Committee meetings; correspondence regarding those meetings; records of a private meeting between NetApp executives regarding changes to NetApp's compensation plan; and documents containing details regarding NetApp's compensation structure and personal information about NetApp executives and their spouses. The Court finds that the compelling reasons standard is met for these exhibits on the basis that they contain non-public, confidential information regarding Defendant NetApp's compensation plan and executives. The Court also finds that the sealing request is narrowly tailored and that it would not be practicable to redact the exhibits rather than sealing them entirely. Accordingly, the sealing request is GRANTED as to these exhibits.
IT IS SO ORDERED. Dated: March 13, 2019
/s/_________
BETH LABSON FREEMAN
United States District Judge