Becton, Dickinson and Company v. Beckman Coulter, Inc.
- Proceeding
- district
- Area
- civil
- Panel
- Nita Stormes (author)
Analysis
The court considered two motions to file specific documents under seal in a patent dispute. The court granted both motions, finding that the documents contained technical and confidential business information that satisfied the good cause standard.
| What the court decided | The model |
|---|---|
Granting Defendant's Motion to File Under Seal“Good cause appearing, the Court GRANTS the motion to seal the requested documents, as specified above.” | agree with court The court correctly applied the Ninth Circuit's 'particularized showing of good cause' standard for sealing non-dispositive motions. The order recites that the documents contain technical and confidential business information, which is a recognized basis for sealing under this standard. The decision follows from the law and the record recited in the order. |
Granting Plaintiff's Motion to File Under Seal“Good cause appearing, the Court GRANTS the motion to seal the requested documents, as specified above.” | agree with court The court applied the same 'particularized showing of good cause' standard to the Plaintiff's motion. The finding that the documents contain technical and confidential business information supports the grant of the motion under Ninth Circuit precedent. |
The order itself: sound — The order correctly identifies the applicable legal standard from binding Ninth Circuit precedent (Kamakana) and applies it to the specific facts recited (presence of technical and confidential business information). The reasoning is concise but sufficient for a procedural sealing order.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 BECTON, DICKINSON AND Case No.: 21cv1173-CAB (NLS) COMPANY; SIRIGEN, INC; and 12 ORDER: SIRIGEN II LIMITED, 13 Plaintiffs, (1) GRANTING DEFENDANT’S 14 MOTION TO FILE UNDER SEAL; v. 15 BECKMAN COULTER, INC., (2) GRANTING PLAINTIFF’S 16 MOTION TO FILE UNDER SEAL Defendant.
17 [ECF Nos. 178, 190] 18 19 Before the Court are two separate motions to file certain documents under seal. 20 ECF Nos. 178, 190. In the first motion, Defendant seeks to file under seal: 21 1. Portions of the Motion to Enforce the Court’s Order Regarding Discovery 22 Dispute No. 4; 23 2. Exhibits 2-5 to the Declaration of Anthony H. Sheh in support of the Motion 24 to Enforce; 25 3. Portions of Exhibits 6 and 7 to the Declaration of Anthony H. Sheh in 26 support of the Motion to Enforce. 27 ECF No. 178 at 2-3. In the second motion, Plaintiffs seek to file under seal Exhibit A to 28 the Declaration of Stuart Knight in support of Plaintiffs’ Opposition to Defendant’s 1 || Motion to Enforce. ECF No. 190 at 2. 2 A party requesting that the court seal materials attached to a non-dispositive 3 ||motion must make a particularized showing of good cause. Kamakana v. City and Cnty. 4 || of Honolulu, 447 F.3d 1172, 1180 (9th Cir. 2006). Here, a review of the documents 5 || above indicate that they contain technical information and confidential business 6 || information. 7 Good cause appearing, the Court GRANTS the motion to seal the requested 8 ||documents, as specified above. 7 IT IS SO ORDERED. Dated: October 13, 2022 . ZO 5 12 Hon. Nita L. Stormes 13 United States Magistrate Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28