Avaya Inc. v. Pearce

4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 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.

13 On October 4, 2019, plaintiff filed an administrative motion to file under seal a number of 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” by the DBSI defendants.1 Pursuant to Civil Local Rule 79-5(e)(1), “[w]ithin 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.”

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, demonstrating why the exhibits or portions of exhibits should be filed under seal. Where a party seeks to seal documents attached to a non-dispositive motion, a showing of “good cause” under 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 party must make a “particularized showing” that “specific harm or prejudice will result if the information is disclosed.” Kamakana, 447 F.3d at 1179-80. “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.” Civ. L.R. 79-5(d)(1)(A). In addition, all requests || to file under seal “must be narrowly tailored,” such that only sealable information is sought to be || redacted from public access. Civ. L.R. 79-5(b).

6 IT IS SO ORDERED.

San eat Dated: October 15, 2019 SUSAN ILLSTON 9 United States District Judge

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