U.S. Sec. & Exch. Comm'n v. Crowd Mach.

Full title: U.S. SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. CROWD MACHINE…

Court: United States District Court, Northern District of California

Date published: Jan 4, 2024

4:22-cv-00076-HSG (N.D. Cal. Jan. 4, 2024)

Opinion

4:22-cv-00076-HSG

01-04-2024

U.S. SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. CROWD MACHINE, INC., METAVINE, INC, and CRAIG DEREL SPROULE, Defendants, and METAVINE PTY. LTD., Relief Defendant,

HON. HAYWOOD S. GILLIAM, JR., JUDGE

ORDER GRANTING PLAINTIFF'S ADMINISTRATIVE MOTION TO CONSIDER WHETHER ANOTHER PARTY'S MATERIAL SHOULD BE SEALED

HON. HAYWOOD S. GILLIAM, JR., JUDGE

ORDER

The Court, having considered Plaintiff's Administrative Motion to Consider Whether Another Party's Material Should be Sealed (ECF No. 41), as well as Defendants' Response thereto, and the Declaration of Anne Osborne in support thereof, HEREBY ORDERS THAT:

1. The Court finds there are compelling reasons sufficient to overcome the presumption in favor of granting public access to the documents below. “Courts have found that ‘confidential business information' in the form of ‘financial terms ... and business strategies' satisfies the ‘compelling reasons' standard.” Baird v. BlackRock Inst. Trust. Co., N.A., 403 F.Supp.3d 765, 792 (N.D. Cal. 2019) (Gilliam, J.) (quoting In re Qualcomm Litig., 2017 WL 5176922, at *2 (S.D. Cal. Nov. 8, 2017)) (emphasis added).

2. Accordingly, Plaintiff's Administrative Motion is GRANTED, and the Clerk of the Court is directed to accept the under-seal filing of the following materials:

No. Public / (Sealed)	Document	Portion(s) to Seal	Evidence Offered in Support of Sealing	Ruling
42-1 / (41-1)	Exhibit A to SEC's Motion for Monetary Relief: September 30, 2022 Defendants' Responses to Plaintiff's Interrogatory No. 13	Attachment A under seal	Osborne Decl.	Granted
42-1 / (41-2)	Exhibit B to SEC's Motion for Monetary Relief: December 7, 2022 Deposition of Ann Osborne	with redactions	Osborne Decl.	Granted
42-1 / (41-3)	Exhibit C to SEC's Motion for Monetary Relief: January 28, 2023 Deposition of Craig Sproule	with redactions	Osborne Decl.	Granted
42-1 / (41-4)	Exhibit D to SEC's Motion for Monetary Relief: Defendants' Oct. 7, 2022 Interrogatory Responses	with redactions	Osborne Decl.	Granted
42-1 / (41-5)	Exhibit E to SEC's Motion for Monetary Relief: Osborne Deposition Exhibit 4	entire documentunder seal	Osborne Decl.	Granted
40-1 / 41-6	Declaration of Avron M.Elbaum	with redactions to declaration and Exhibits 1-14 underseal	Osborne Decl.	Granted

IT IS SO ORDERED.