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In re Facebook Privacy Litigation

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
Jun 12, 2015
Case No. 5:10-cv-02389-RMW (N.D. Cal. Jun. 12, 2015)

Opinion

Case No. 5:10-cv-02389-RMW

06-12-2015

IN RE: FACEBOOK PRIVACY LITIGATION


OMNIBUS ORDER RE: MOTIONS TO SEAL

(Re: Docket Nos. 168, 185, 195, 198, 222)

Before the court are five administrative motions to seal several documents. "Historically, courts have recognized a 'general right to inspect and copy public records and documents, including judicial records and documents.'" Accordingly, when considering a sealing request, "a 'strong presumption in favor of access' is the starting point." Parties seeking to seal judicial records relating to dispositive motions bear the burden of overcoming the presumption with "compelling reasons" that outweigh the general history of access and the public policies favoring disclosure.

Kamakana v. City & County 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)).

Id. (quoting Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1135 (9th Cir. 2003)).

Id. at 1178-79.

However, "while protecting the public's interest in access to the courts, we must remain mindful of the parties' right to access those same courts upon terms which will not unduly harm their competitive interest." Records attached to nondispositive motions therefore are not subject to the strong presumption of access. Because the documents attached to nondispositive motions "are often unrelated, or only tangentially related, to the underlying cause of action," parties moving to seal must meet the lower "good cause" standard of Rule 26(c). As with dispositive motions, the standard applicable to nondispositive motions requires a "particularized showing" that "specific prejudice or harm will result" if the information is disclosed. "Broad allegations of harm, unsubstantiated by specific examples of articulated reasoning" will not suffice. A protective order sealing the documents during discovery may reflect the court's previous determination that good cause exists to keep the documents sealed, but a blanket protective order that allows the parties to designate confidential documents does not provide sufficient judicial scrutiny to determine whether each particular document should remain sealed.

Apple Inc. v. Samsung Electronics Co., Ltd., 727 F.3d 1214, 1228-29 (Fed. Cir. 2013).

See id. at 1180.

Id. at 1179 (internal quotations and citations omitted).

Id.

Phillips ex rel. Estates of Byrd v. Gen. Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002); see Fed. R. Civ. P. 26(c).

Beckman Indus., Inc. v. Int'l Ins. Co., 966 F.2d 470, 476 (9th Cir. 1992).

See Kamakana, 447 F.3d at 1179-80.

See 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.").

In addition to making particularized showings of good cause, parties moving to seal documents must comply with the procedures established by Civ. L.R. 79-5. Pursuant to Civ. L.R. 79-5(b), a sealing order is appropriate only upon a request that establishes the document is "sealable," or "privileged or protectable as a trade secret or otherwise entitled to protection under the law." "The request must be narrowly tailored to seek sealing only of sealable material, and must conform with Civil L.R. 79-5(d)." "Within 4 days of the filing of the Administrative Motion to File Under Seal, the Designating Party must file a declaration as required by subsection 79-5(d)(1)(A) establishing that all of the designated material is sealable."

Civ. L.R. 79-5(b). In part, Civ. L.R. 79-5(d) requires the submitting party to attach a "proposed order that is narrowly tailored to seal only the sealable material" which "lists in table format each document or portion thereof that is sought to be sealed," Civ. L.R. 79-5(d)(1)(b), and an "unredacted version of the document" that indicates "by highlighting or other clear method, the portions of the document that have been omitted from the redacted version." Civ. L.R. 79-5(d)(1)(d).

Civ. L.R. 79-5(e)(1).
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With these standards in mind, the courts rules on the instant motions as follows:

Motionto Seal

Document to be Sealed

Result

Reason/Explanation

222

Exhibit B to NassiriDeclaration ISOAdministrative Motion toFile Under Seal

UNSEALED

No declaration insupport filed with thecourt as required byCiv. L.R. 79-5(e)(1).

222

Exhibit C to NassiriDeclaration ISOAdministrative Motion toFile Under Seal

Designations highlighted ingreen at Docket No. 166-1: page13:13-14 SEALED; all otherdesignations UNSEALED

Only sealed portionsnarrowly tailored toconfidential businessinformation.

222

Exhibit D to NassiriDeclaration ISOAdministrative Motion toFile Under Seal

UNSEALED

No declaration insupport filed with thecourt as required byCiv. L.R. 79-5(e)(1).

222

Exhibit E to NassiriDeclaration ISOAdministrative Motion toFile Under Seal

Designations highlighted inyellow at Docket No. 222-8SEALED

Narrowly tailored toconfidential businessinformation.

222

Exhibit F to NassiriDeclaration ISOAdministrative Motion toFile Under Seal

Designations highlighted ingreen at Docket No. 166-3SEALED

Narrowly tailored toconfidential businessinformation.

222

Exhibit G to NassiriDeclaration ISOAdministrative Motion toFile Under Seal

Designations highlighted ingreen at Docket No. 166-5SEALED

Narrowly tailored toconfidential businessinformation.



222

Exhibit H to NassiriDeclaration ISOAdministrative Motion toFile Under Seal

Designations highlighted ingreen at Docket No. 166-7SEALED

Narrowly tailored toconfidential businessinformation.

222

Exhibit I to NassiriDeclaration ISOAdministrative Motion toFile Under Seal

Designations highlighted inyellow at Docket No. 222-13SEALED

Narrowly tailored toconfidential businessinformation.

222

Exhibit J to NassiriDeclaration ISOAdministrative Motion toFile Under Seal

Designations highlighted inyellow at Docket No. 222-15SEALED

Narrowly tailored toconfidential businessinformation.

222

Exhibit K to NassiriDeclaration ISOAdministrative Motion toFile Under Seal

Designations highlighted inyellow at Docket No. 222-17SEALED

Narrowly tailored toconfidential businessinformation.

222

Exhibit L to NassiriDeclaration ISOAdministrative Motion toFile Under Seal

Designations highlighted ingreen at Docket No. 166-9SEALED

Narrowly tailored toconfidential businessinformation.

222 168

Exhibit M to NassiriDeclaration ISOAdministrative Motion toFile Under Seal

Designations highlighted ingreen at Docket No. 168-4SEALED; designationshighlighted in fuchsia at DocketNo. 168-4: Notice of Motionpage, line 15, pages ii:3, v:28,viii:1-2, xiii:17, xxi:1, 1, 4, 7, 10SEALED; all other designationsUNSEALED

Only sealed portionsnarrowly tailored toconfidential businessinformation.

168

Exhibit B to NassiriDeclaration ISO Plaintiff'sMotion to Compel

Designations highlighted ingreen at Docket No. 168-2SEALED.

Narrowly tailored toconfidential businessinformation.

185

Exhibit F to Declaration ofMatthew D. Brown ISOFacebook's AdministrativeMotion to File Under Seal

UNSEALED

Not narrowly tailoredto confidentialbusiness information.

195

Exhibit A to NassiriDeclaration ISO Plaintiff'sAdministrative Motion toFile Under Seal

UNSEALED

Not narrowly tailoredto confidentialbusiness information.



198

Exhibit A to AschenbrenerDeclaration ISO Plaintiff'sAdministrative Motion toFile Under Seal

Designations highlighted inpurple at Docket No. 206-1: page 6 SEALED; all otherdesignations UNSEALED

Only sealed portionsnarrowly tailored toconfidential businessinformation.


SO ORDERED. Dated: June 12, 2015

/s/_________

PAUL S. GREWAL

United States Magistrate Judge


Summaries of

In re Facebook Privacy Litigation

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
Jun 12, 2015
Case No. 5:10-cv-02389-RMW (N.D. Cal. Jun. 12, 2015)
Case details for

In re Facebook Privacy Litigation

Case Details

Full title:IN RE: FACEBOOK PRIVACY LITIGATION

Court:UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

Date published: Jun 12, 2015

Citations

Case No. 5:10-cv-02389-RMW (N.D. Cal. Jun. 12, 2015)