Yunnan Duobang Network Technology Co Ltd v. Amazon.com Services LLC

The Honorable John C. Coughenour 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE

10 YUNNAN DUOBANG NETWORK No. 2:23-cv-01137-JCC TECHNOLOGY CO LTD, Plaintiff, STIPULATED MOTION TO SEAL 12 PREVIOUSLY FILED EXHIBIT v. AND REPLACE WITH REDACTED 13 FILING AND [PROPOSED] ORDER AMAZON.COM SERVICES LLC, Defendant.

17 Pursuant to Local Civil Rule 5(g), Defendant Amazon.com Services LLC (“Defendant” or “Amazon”), and Plaintiff Yunnan Duobang Network Technology Co Ltd (“Plaintiff”), file this Stipulated Motion to Seal Exhibit G to the Declaration of John Goldmark, Dkt. 21-7, and for leave to substitute that filing with a redacted version of Exhibit G.

21 STIPULATED MOTION 22 The parties jointly move for an order sealing the previously filed Exhibit G to the Declaration of John Goldmark, Dkt. 21-7, pursuant to Local Civil Rule 5(g) and for an order granting Amazon leave to substitute that submission with the redacted version of Exhibit G submitted herewith as an attachment to the Declaration of Arthur Simpson.

26 Local Civil Rule 5(g)(3) permits the sealing of confidential information upon a showing of “the legitimate private or public interests that warrant the relief sought; the injury that will result if the relief sought is not granted; and why a less restrictive alternative to the relief sought is not sufficient.” LCR 5(g)(3). The Court may seal judicial records when a party provides a compelling reason to keep information out of the public view. Kamakana v. City & County of Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006). While “[w]hat constitutes a ‘compelling reason’ is ‘best left to the sound discretion of the trial court’” a court “commit[s] clear error” by refusing to seal “confidential and commercially sensitive information . . . from public disclosure.” Ctr.

7 for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 1097 (9th Cir. 2016) (quoting Nixon v. Warner Commnc’ns, Inc., 435 U.S. 589, 599 (1978); In re Elec. Arts, Inc., 298 F. App’x 568, 569 (9th Cir. 2008).

10 Compelling circumstances exist for the Court to seal Exhibit G and grant Amazon leave to file a redacted version of that exhibit in this case. Three columns of data within Exhibit G, which is an Excel spreadsheet, contain certain types of information that should be kept confidential. These categories are Amazon Seller IDs, Customer IDs, and the reason why a certain review may have been suppressed. While this information is anonymized and does not contain Amazon customer or seller Personally Identifiable Information, Amazon seeks to redact it from Exhibit G out of an abundance of caution and in the interest of protecting the security and privacy of the Amazon customers and sellers whose anonymous Seller IDs or Customer IDs are listed in Exhibit G. In order to comply with the spirit of LCR 5(G)(3)(B)(iii), which requires a movant seeking to file a document under seal to show why a less restrictive alternative to the relief sought is not sufficient, Amazon proposes to file a redacted version of Exhibit G rather than seal Exhibit G in its entirety.

22 LOCAL CIVIL RULES 5(g)(3)(A), 7(e) CERTIFICATION 23 Pursuant to Local Rule 7(g)(3)(A), Amazon’s undersigned counsel certifies that on November 2, 2023, Amazon’s counsel, Arthur Simpson, telephonically met-and-conferred with Plaintiff’s counsel, Adam Urbanczyk, and the parties agreed to submit the joint request for relief set forth in this Stipulated Motion, and that the relief requested complies with Local Civil Rule 5(g)(3)(A)’s requirements.

1 Amazon’s undersigned counsel also certifies that this memorandum contains 528 words, in compliance with the Local Civil Rules.

STIPULATED to this 6th day of November 2023.

6 MANN LAW GROUP PLLC & AU LLC DAVIS WRIGHT TREMAINE LLP Attorneys for Plaintiff Yunnan Duobang Attorneys for Defendant Amazon.com Network Technology Co., Ltd. Services LLC By /s/ Adam E. Urbanczyk By /s/ Arthur Simpson Philip P. Mann, WSBA #28860 John Goldmark, WSBA #40980 Madison Avenue North, Suite 240 Arthur Simpson, WSBA #44479 10 Bainbridge Island, WA 98110 Jean M. Fundakowski (pro hace vice) Telephone: 206.436.0900 Mark Burnside (pro hac vice) 11 Email: [email protected] 920 Fifth Avenue, Suite 3300 Seattle, WA 98104-1610 12 Adam E. Urbanczyk, (pro hac vice) Telephone: 206.622.3150 West Lake Street, Suite 1700 Email: [email protected] 13 Chicago, IL 60606 Email: [email protected] Telephone: 312.715.7312 Email: [email protected] 14 Email: [email protected] Email: [email protected] 1 [PROPOSED] ORDER 2 The parties jointly moved the Court for an Order to Seal Exhibit G to the Opposition to Plaintiff’s Motion to Vacate Arbitration Award and Cross-Motion to Confirm Arbitration Award (Dkt. No. 21-7), and to permit Amazon to file a redacted version of Exhibit G in its place. The motion to seal (Dkt. No. 22) is GRANTED and the Clerk is DIRECTED to maintain Docket Number 21-7 under seal.

7 Dated this 7th day of November 2023.

A John C. Coughenour 11 UNITED STATES DISTRICT JUDGE