Opinion

Optronic Technologies, Inc. v. Ningbo Sunny Electronic Co., Ltd.

Court
District Court, N.D. California
Filed
Jun 1, 2022
Cited by
0 cases
Authority
More cited than 18.8%

The opinion

1

2

3

4 UNITED STATES DISTRICT COURT

5 NORTHERN DISTRICT OF CALIFORNIA

6 SAN JOSE DIVISION

7

8 OPTRONIC TECHNOLOGIES, INC, et al., Case No. 5:16-cv-06370-EJD

9 Plaintiffs, ORDER GRANTING

ADMINISTRATIVE MOTION TO FILE

10 v. UNDER SEAL

11 NINGBO SUNNY ELECTRONIC CO.,

LTD., et al., Re: Dkt. No. 792

12

Defendants.

13

14 Third-party movant Sheppard, Mullin, Richter & Hampton LLP (“Sheppard Mullin”)

15 moves to seal two documents submitted in connection with Plaintiff Optronic Technologies Inc.’s

16 (“Orion”) Administrative Motion for Further Post-Judgment Discovery. Dkt. No. 786.

17 “Historically, courts have recognized a general right to inspect and copy public records and

18 documents, including judicial records and documents.” Kamakana v. City & Cty. of Honolulu, 447

19 F.3d 1172, 1178 (9th Cir. 2006) (quotation omitted). If the court record is “more than tangentially

20 related to the merits of the case”—as is the case with the PSAC—then there is a “strong

21 presumption in favor of access.” Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 1102

22 (9th Cir. 2016); Kamakana, 447 F.3d at 1178. To overcome this presumption, the party who

23 wishes to keep the record under seal must “articulate compelling reasons supported by specific

24 factual findings” for doing so. Kamakana, 447 F.3d at 1178. “The mere fact that the production of

25 records may lead to a litigant’s embarrassment, incrimination, or exposure to further litigation will

26 not, without more, compel the court to seal its records.” Id. at 1179. Courts applying the

27 compelling reasons standard have upheld the sealing of trade secrets, marketing strategies, product

1 development plans, detailed product-specific financial information, customer information, internal

2 || reports and other such materials that could harm a party's competitive standing. See, e.g., In re

3 || Elec. Arts, Inc., 298 F. App’x 568, 569 (9th Cir. 2008); Opperman v. Path, Inc., No.13-cv-00453-

4 JST, 2017 WL 1036652, at *1 (N.D. Cal. Mar. 17, 2017); Lucas v. Breg, Inc., No. 15-cv-00258-

5 BAS-NLS, 2016 WL 5464549, at *1 (S.D. Cal. Sept. 28, 2016); Rodman v. Safeway Inc., No. 11-

6 || cv-03003-JST, 2015 WL 13673842 (N.D. Cal. Aug. 4, 2015).

7 Orion’s motion concerns post-judgment discovery in an attempt to collect on Orion’s

8 || judgment. The underlying motion does not address the merits of the parties’ claims or defenses

9 and thus the Court applies the “good cause” standard of Rule 26(c). Sheppard Mullin and Orion

10 || now dispute whether two of the exhibits attached to Orion’s motion are protected from disclosure

11 by the attorney-client privilege. Based on the representations made in Sheppard Mullin’s motion

12 and accompanying declarations, the Court finds good cause to maintain these two documents

5 13 under seal. Accordingly, the Court GRANTS Sheppard Mullin’s motion to file under seal. The

14 || following material shall be maintained under seal:

3 15 e Exhibit 1 to Orion’s Motion for Further Post-Judgment Discovery (Dkt. No. 786-2);

a 16 and

= 17 e Exhibit 3 to Orion’s Motion for Further Post-Judgment Discovery (Dkt. No. 786-4).

18 As to Orion’s request to grant it leave to file Exhibit A attached to the declaration of

19 Ronald Fisher in support of its opposition to Sheppard Mullin’s motion to seal, Dkt. No. 793 at 1,

20 || the Court grants that request. The Court does not rule on Orion’s motion for further discovery at

21 this time for the reasons stated on the record at the April 14, 2022 status conference.

22 IT IS SO ORDERED.

23 Dated: June 1, 2022

24

EDWARD J. DAVILA

26 United States District Judge

27

28 || Case No.: 5:16-cv-06370-EJD

ORDER GRANTING ADMIN. MOT. TO FILE UNDER SEAL

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.