Illinois Union Insurance Company v. Intuitive Surgical, Inc., No. 3:2013cv04863 - Document 159 (N.D. Cal. 2016)

Court Description: ORDER GRANTING IN PART AND DENYING IN PART INTUITIVE'S MOTION TO FILE UNDER SEAL by Judge Jon S. Tigar; granting in part and denying in part 144 Administrative Motion to File Under Seal. (wsn, COURT STAFF) (Filed on 4/21/2016)
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Illinois Union Insurance Company v. Intuitive Surgical, Inc. Doc. 159 1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ILLINOIS UNION INSURANCE COMPANY, et al., Plaintiffs, 8 INTUITIVE SURGICAL, INC., Re: ECF No. 144 Defendant. 11 United States District Court Northern District of California ORDER GRANTING IN PART AND DENYING IN PART INTUITIVE’S MOTION TO FILE UNDER SEAL v. 9 10 Case No. 13-cv-04863-JST 12 13 Intuitive Surgical, Inc. (“Intuitive”) moves to file under seal portions of its Opposition to 14 Illinois Union Insurance Company’s (“Illinois Union”) and Navigators Specialty Insurance 15 Company’s (“Navigators”) motions for summary judgment, as well as portions of the exhibits 16 attached to Intuitive’s opposition briefs. ECF No. 144. Intuitive and Ironshore Specialty 17 Insurance Company (“Ironshore”) have filed declarations in support of sealing. ECF Nos. 144-1, 18 149. The Court grants the motion in part and denies the motion in part. 19 A party seeking to seal a document filed with the court must (1) comply with Civil Local 20 Rule 79-5; and (2) rebut the “a strong presumption in favor of access” that applies to all 21 documents other than grand jury transcripts or pre-indictment warrant materials. Kamakana v. 22 City & Cnty. of Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006) (citation and internal quotations 23 omitted). 24 With respect to the first prong, Local Rule 79-5 requires, as a threshold, a request that 25 (1) “establishes that the document, or portions thereof, are privileged, protectable as a trade secret 26 or otherwise entitled to protection under the law”; and (2) is “narrowly tailored to seek sealing 27 only of sealable material.” Civil L.R. 79-5(b). An administrative motion to seal must also fulfill 28 Dockets.Justia.com 1 the requirements of Civil Local Rule 79-5(d). “Reference to a stipulation or protective order that 2 allows a party to designate certain documents as confidential is not sufficient to establish that a 3 document, or portions thereof, are sealable.” Civil L.R. 79-5(d)(1)(A). With respect to the second prong, the showing required for overcoming the strong 4 presumption of access depends on the type of motion to which the document is attached. “[A] 6 ‘compelling reasons’ standard applies to most judicial records.1 This standard derives from the 7 common law right ‘to inspect and copy public records and documents, including judicial records 8 and documents.’” Pintos v. Pac. Creditors Ass’n, 605 F.3d 665, 678 (9th Cir. 2010) (quoting 9 Nixon v. Warner Commc’ns, Inc., 435 U.S. 589, 597 n.7 (1978)). To overcome this strong 10 presumption, the party seeking to seal a judicial record must “articulate compelling reasons 11 United States District Court Northern District of California 5 supported by specific factual findings that outweigh the general history of access and the public 12 policies favoring disclosure.” Kamakana, 447 F.3d at 1178–79 (internal citations omitted). After reviewing Intuitive’s motion to file under seal, the parties’ declarations in support of 13 14 sealing, and the redacted and unredacted versions of the underlying exhibits, the Court concludes 15 that only certain portions of the attached exhibits are properly sealable, as outlined in the table 16 below. Regarding the portions that the Court has concluded are properly sealable, the Court finds 17 that Intuitive’s requests are “narrowly tailored to seek sealing only of sealable material.” Civil 18 L.R. 79-5(b). The Court also finds that Intuitive and/or Ironshore have articulated “compelling 19 reasons” for sealing these portions. See ECF Nos. 144-1, 149. 20 21 22 23 24 25 On the other hand, records attached to motions that are only “tangentially related to the merits of a case” are not subject to the strong presumption of access. Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 1101 (9th Cir. 2016). Instead, a party need only make a showing under the good cause standard of Rule 26(c) to justify the sealing of the materials. Id. at 1097. A court may, for good cause, keep documents confidential “to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense.” Fed. R. Civ. P. 26(c). 2 1 26 27 28 1 2 3 DOCUMENT Intuitive’s Opposition to Illinois Union Motion 4 5 6 PORTIONS SOUGHT TO BE SEALED Lines 3:14-15; 7:10; 7:14-16; Denied: not supported by a 8:17-18; 8:21-22; 8:27-28; 9:1- declaration 2; 9:3-4; 9:6-7; 9:10-16; 10:14; 10:16-18; 11:6-9; 11:12-15; 11:17-24; 11:26; 12:1; 13:1519; 14:22-23; 14:25-28; 25:914 Lines 7:6 Denied: not supported by a declaration Lines 7:7-8 Denied: not supported by a declaration Lines 4:17-19 Granted Lines 11:3-5 Denied: not supported by a declaration Line 11:26 Granted Lines 17:27-28 Granted Lines 19:18-21 Granted Lines 4:12-17 Denied: not supported by a declaration Lines 6:1-2 Denied: not supported by a declaration Lines 15:4-7, 15:9-12; 15:1416; 15:18-19; 15:21-23; 15:2527 Denied: not supported by a declaration Lines 17:12-14 Denied: purported reasons for sealing do not apply Lines 19:17-19 Denied: not supported by a declaration Lines 32:7-8 Denied: not supported by a declaration Pages 107 and 188 of excerpts from the certified deposition transcript of Mark Cheffo Granted Entire Exhibit Granted 7 8 9 10 Intuitive’s Opposition to 11 United States District Court Northern District of California GRANTED/DENIED Navigators Motion 12 13 14 15 16 Declaration of Erika E. Schmidt In Support of 17 Intuitive’s Oppositions 18 to Illinois Union’s and 19 Navigators’ Motions 20 (“Schmidt Declaration”) 21 22 23 24 Ex. 4 to Schmidt 25 Declaration 26 27 Ex. 6 to Schmidt 28 3 Declaration Page 43 of excerpts from the certified deposition transcript of Sara Hua Forum Granted 3 Ex. 8 to Schmidt Granted 4 Declaration Pages 88 and 89 of excerpts from the certified deposition transcript of Mark Cheffo 5 Ex. 11 to Schmidt Granted 6 Declaration Pages 88 and 89 of excerpts from the certified deposition transcript of Mark Cheffo 7 Ex. 12 to Schmidt Entire Exhibit Denied: not supported by a declaration 8 Declaration 9 Ex. 13 to Schmidt Entire Exhibit Granted as to pages 14–21, 47– 48; denied as to the remainder as not supported by a declaration Deposition Exhibit 27 (IRONSHORE-SBP0000909; IRONSHORE-SBP0000912929) Granted as to IRONSHORESBP0000912-929; denied as to IRONSHORE-SBP0000909 as not supported by Intuitive’s declaration Excerpt at ISI-IRNSHR136610 Granted ISI-IRNSHR-136621 – ISIIRNSHR-136632 Granted All excerpts from the certified deposition transcript of Alicia Bromfield Granted as to page 14–21, 42–43, 47–49; denied as to all other portions as not supported by Ironshore’s declaration Pages 48-49 of excerpts from the certified deposition transcript of Alicia Bromfield Granted Deposition Exhibit 56 (IRONSHORE0002638 – IRONSHORE0002654) Denied: not supported by a declaration IRONSHORE0004860 – IRONSHORE0002871 Granted All excerpts from the certified deposition transcript of James Silas Denied: not supported by a declaration Deposition Exhibit 323 (IUIC011660 – IUIC011661) Granted 1 2 10 Declaration United States District Court Northern District of California 11 12 13 14 Ex. 14 to Schmidt 15 Declaration 16 17 Ex. 15 to Schmidt 18 Declaration 19 20 21 22 23 24 25 Ex. 16 to Schmidt 26 Declaration 27 28 4 4 Declaration 5 6 7 8 9 10 11 United States District Court Northern District of California Deposition Exhibit 125 (WS— ACE00111 – WS-ACE00151) Granted Redactions throughout entire exhibit Granted Deposition Exhibit 125 (WS— ACE00111 – WS-ACE00151) Granted Redactions throughout Deposition Exhibit 101 (WSACE00857 – WS-ACE00872) Granted Granted Granted Granted All excerpts from the certified deposition transcript of James Silas and Laura Sunderlin Ex. 18 to Schmidt Granted Denied: not supported by a declaration Deposition Exhibit 139 (IUIC 001750 – IUIC 001757) Granted Redactions throughout Deposition Exhibit 101 (WSACE00857 – WS-ACE00872) Granted All excerpts from the certified deposition transcript of Robert Romeo; all excerpts from the certified deposition transcript of Andrew Barrengos Denied: not supported by a declaration Deposition Exhibit 19 (IRONSHORE-SBP0001081 – IRONSHORE-SBP0001120) Granted as to Ironshore-SBP 1084; denied as to remainder as not supported by a declaration Declaration 3 Pages 211 – 213, and 226 – 229 of excerpts from the certified deposition transcript of Regina Roque Deposition Exhibit 129 (IUIC 001597 – IUIC 001605) 2 Granted Deposition Exhibit 127 (IUIC 000625 – IUIC 000626) Ex. 17 to Schmidt WS-NAV00106 – WSNAV00143 Redactions throughout Deposition Exhibit 126 (IUIC 000634 – IUIC 000634 – A13) 1 Ex. 19 to Schmidt Declaration Ex. 20 to Schmidt Declaration Ex. 21 to Schmidt Declaration 12 13 14 15 16 17 18 19 20 Ex. 22 to Schmidt 21 Declaration 22 23 24 25 26 27 Ex. 23 to Schmidt Declaration 28 5 Ex. 26 to Schmidt 4 Declaration 5 Ex. 27 to Schmidt 6 Entire Exhibit Granted as to the insurance application; denied as to the deposition transcript as not supported by a declaration Deposition Exhibit Silas 349 (IUCI007878 -- IUIC007955) Denied: not supported by a declaration Page 159 of excerpts from the certified deposition transcript of Brian Gawle Granted Granted Pages 88 and 89 of excerpts from the certified deposition transcript of Mark Cheffo Granted All excerpts from the certified deposition transcript of Sara Roitman Granted Page 159 of excerpts from the certified deposition transcript of Brian Gawle Granted All excerpts from the certified deposition transcript of James Silas Denied: not supported by a declaration Denied: not supported by a declaration All excerpts from the certified deposition transcript of James Silas Denied: not supported by a declaration IRONSHORE-SBP0000203 Granted Denied: not supported by a declaration Declaration 7 8 9 10 11 United States District Court Northern District of California Denied: not supported by a declaration Declaration 3 All excerpts from the certified deposition transcript of Andrew Barrengos IRONSHORE0006895 2 Granted All excerpts from the certified deposition transcript of Andrew Barrengos Ex. 24 to Schmidt Deposition Exhibit 125 (WS— ACE00111 – WS-ACE00151) WS-NAV00106 – WSNAV00143 1 Ex. 28 to Schmidt Declaration Ex. 30 to Schmidt Declaration 12 13 Ex. 33 to Schmidt 14 Declaration 15 Ex. 36 to Schmidt 16 Declaration 17 Ex. 39 to Schmidt 18 Declaration 19 Ex. 41 to Schmidt 20 Declaration 21 22 23 Ex. 42 to Schmidt 24 Declaration 25 Ex. 44 to Schmidt 26 Declaration 27 28 6 Granted as to pages 7–8, 14–18, 167–168, and 234 of the Linda McLaughlin deposition transcript; denied as to the remainder of the exhibit as not supported by a declaration Granted as to pages 7–8, 14–18, 167–168, and 234 of Linda McLaughlin deposition transcript; denied as to the remainder of the exhibit as not supported by a declaration All excerpts from the certified deposition transcript of Andrew Barrengos Denied: not supported by a declaration IRONSHORE0006895 Denied: not supported by a declaration IRONSHORE0007150 Granted All excerpts from the certified deposition transcript of Linda McLaughlin 2 Granted as to pages 7–8, 14–18, 167–168, and 234 of the Linda McLaughlin deposition transcript; denied as to the remainder of the exhibit as not supported by a declaration Pages 168, 234 from the certified deposition transcript of Linda McLaughlin Ex. 45 to Schmidt Entire Exhibit Pages 167 from the certified deposition transcript of Linda McLaughlin 1 Granted as to pages 7–8 and 14– 18 Declaration 3 4 5 6 7 8 9 10 United States District Court Northern District of California 11 12 Ex. 46 to Schmidt 13 Declaration 14 15 16 17 18 19 Deposition Exhibit 18 (WSGranted NAV00631 – WS-NAV00632) 20 21 Ex. 47 to Schmidt 22 Declaration 23 Ex. 48 to Schmidt 24 Declaration 25 Ex. 49 to Schmidt 26 Declaration 27 28 All excerpts from the certified deposition transcript of Andrew Barrengos Denied: not supported by a declaration All excerpts from the certified deposition transcript of James Silas Denied: not supported by a declaration All excerpts from the certified deposition transcript of Laura Sunderlin Denied: not supported by a declaration Redactions throughout Deposition Exhibit 126 (IUIC 000634 – IUIC 000634 – A13) Granted 7 Deposition Exhibit 127 (IUIC 000625 – IUIC 000626) Granted Deposition Exhibit 139 (IUIC 001750 – IUIC 001757) Granted Deposition Exhibit 110 (IUIC 000666 -- 000666 A2) Granted Entire Exhibit Denied for failure to narrowly tailor portions sought to be sealed Pages 50-53 of excerpts from the certified deposition transcript of Tristan Gabriel (30(b)(6) witness) Denied: not supported by a declaration All excerpts from the certified deposition transcript of James Silas Denied: not supported by a declaration Pages 131-132 of excerpts from the certified transcript of Tristan Gabriel Denied: not supported by a declaration WS-ACE00823 – WSACE00844 Granted Pages 50-53 of excerpts from the certified deposition transcript of Tristan Gabriel (30(b)(6) witness) Denied: not supported by a declaration WS-ACE00823 – WSACE00844 1 Granted Entire Exhibit Denied: not supported by a declaration Pages 131-132 of excerpts from the certified deposition transcript of Tristan Gabriel Denied: not supported by a declaration All excerpts from the certified deposition transcript of James Silas Denied: not supported by a declaration 2 3 4 5 Ex. 51 to Schmidt 6 Declaration 7 8 Ex. 52 to Schmidt 9 Declaration Ex. 55 to Schmidt 11 United States District Court Northern District of California 10 Declaration 12 13 Ex. 56 to Schmidt Declaration 14 15 16 17 18 Ex. 57 to Schmidt 19 Declaration 20 21 22 23 Ex. 59 to Schmidt Declaration 24 Ex. 60 to Schmidt 25 Declaration 26 27 28 8 Pages 131-132 of excerpts from the certified deposition transcript of Tristan Gabriel Denied: not supported by a declaration All excerpts from the certified deposition transcript of James Silas Denied: not supported by a declaration Pages 50-53 of excerpts from the certified deposition transcript of Tristan Gabriel (30(b)(6) witness) Denied: not supported by a declaration Deposition Exhibit 393 (IUIC020789 -- IUIC020798) Granted Entire Exhibit Denied: not supported by a declaration Deposition Exhibit 321 (IUIC011077 – IUIC011083) Granted Entire Exhibit Denied: not supported by a declaration Deposition Exhibit 323 (IUIC011660) Granted Pages 58-61 of excerpts from the certified deposition transcript of Steven DiLiberto Denied: not supported by a declaration Deposition Exhibit 350 (IUIC014675 – 14678) Denied: not supported by a declaration 22 Deposition Exhibit 324 (IUIC012349 – 12353) Denied: not supported by a declaration 23 24 Deposition Exhibit 356 (IUIC014697 – 14701) Denied: not supported by a declaration 25 Deposition Exhibit 357 (IUIC014702 -- 14707) Denied: not supported by a declaration Deposition Exhibit 358 (IUIC014712 -- 14716) Denied: not supported by a declaration 1 Ex. 61 to Schmidt 2 Declaration 3 4 5 Ex. 62 to Schmidt 6 Declaration 7 8 9 10 Ex. 63 to Schmidt Declaration United States District Court Northern District of California 11 12 13 14 Ex. 64 to Schmidt 15 Declaration 16 17 18 19 20 21 26 27 Ex. 65 to Schmidt Declaration 28 9 Deposition Exhibit 359 (IUIC014708 – 14711) 2 3 4 5 Ex. 66 to Schmidt Declaration 6 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Ex. 67 to Schmidt Declaration Ex. 69 to Schmidt Denied: not supported by a declaration All excerpts from the certified deposition transcripts of James Silas and Robert Romeo 1 Denied: not supported by a declaration Deposition Exhibit 326 (IUIC010958 – IUIC01096) Granted Deposition Exhibit 361 (IUIC014519 – IUIC014521) Granted Pages 226 – 229 of excerpts from the certified deposition transcript of Regina Roque Granted Entire Exhibit Denied: not supported by a declaration Entire Exhibit Denied: not supported by a declaration Entire Exhibit Denied: not supported by a declaration All excerpts from the certified deposition transcript of James Silas Denied: not supported by a declaration Entire Exhibit Denied: not supported by a declaration Entire Exhibit Denied: not supported by a declaration Entire Exhibit Denied: not supported by a declaration Page 74 of excerpts from the certified deposition transcript of Laura Sunderlin Granted Pages 20-21 of excerpts from the certified deposition transcript of Tristan Gabriel Denied: not supported by a declaration Declaration Ex. 70 to Schmidt Declaration Ex. 71 to Schmidt Declaration Ex. 72 to Schmidt Declaration Ex. 74 to Schmidt Declaration Ex. 75 to Schmidt Declaration Ex. 76 to Schmidt Declaration Ex. 77 to Schmidt Declaration 27 28 10 All excerpts from the certified deposition transcript of James Silas 2 3 Ex. 78 to Schmidt 4 Declaration 5 6 7 Ex. 79 to Schmidt 8 Declaration 9 Ex. 80 to Schmidt Declaration 11 United States District Court Northern District of California 10 Ex. 82 to Schmidt 12 Ex. 83 to Schmidt 14 Declaration 15 Ex. 85 to Schmidt 16 Ex. 86 to Schmidt 18 Ex. 87 to Schmidt 20 Ex. 89 to Schmidt 22 Declaration 23 Ex. 90 to Schmidt 24 Ex. 91 to Schmidt 26 Denied: not supported by a declaration Page 115 and 117 of excerpts from the certified deposition transcript of Laura Sunderlin Granted Entire Exhibit Denied: not supported by a declaration All excerpts from the certified deposition transcript of James Silas Denied: not supported by a declaration Entire Exhibit Denied: not supported by a declaration Entire Exhibit Denied: not supported by a declaration Entire Exhibit Denied: not supported by a declaration All excerpts from the certified deposition transcript of Tristan Gabriel and James Silas Denied: not supported by a declaration Entire Exhibit Denied: not supported by a declaration Entire Exhibit Denied for failure to narrowly tailor portions sought to be sealed Declaration 25 All excerpts from the certified deposition transcript of James Silas Declaration 21 Denied: not supported by a declaration Declaration 19 Granted Declaration 17 Page 74 of excerpts from the certified deposition transcript of Laura Sunderlin Declaration 13 Denied: not supported by a declaration All excerpts from the certified deposition transcript of James Silas 1 Declaration 27 28 11 1 Ex. 92 to Schmidt 2 Ex. 94 to Schmidt 4 Ex. 95 to Schmidt 6 Ex. 96 to Schmidt 8 Ex. 97 to Schmidt 10 Denied: not supported by a declaration Entire Exhibit Denied: not supported by a declaration Entire Exhibit Denied: not supported by a declaration Entire Exhibit Denied: not supported by a declaration IUIC014742 – IUIC014755 Denied: not supported by a declaration Entire Exhibit Denied: not supported by a declaration Pages 138-140 of excerpts from the certified deposition transcript of Tristan Gabriel Denied: not supported by a declaration Entire Exhibit Denied: not supported by a declaration IUIC014717 – IUIC014741 Denied: not supported by a declaration Entire Exhibit Denied: not supported by a declaration Page 88 of excerpts from the certified deposition transcript of Steven DiLiberto Denied: not supported by a declaration Declaration 11 United States District Court Northern District of California Entire Exhibit Declaration 9 Denied: not supported by a declaration Declaration 7 Entire Exhibit Declaration 5 Denied: not supported by a declaration Declaration 3 Entire Exhibit Ex. 98 to Schmidt 12 Declaration 13 Ex. 99 to Schmidt 14 Declaration 15 Ex. 100 to Schmidt 16 Declaration 17 Ex. 102 to Schmidt 18 Declaration 19 Ex. 103 to Schmidt 20 Declaration 21 Ex. 105 to Schmidt 22 Declaration 23 Ex. 109 to Schmidt 24 Declaration 25 26 Ex. 110 to Schmidt Declaration 27 28 12 Ex. 118 to Schmidt 2 Ex. 119 to Schmidt 4 Ex. 121 to Schmidt 6 Ex. 122 to Schmidt 8 Ex. 123 to Schmidt 10 Denied: not supported by a declaration Entire Exhibit Denied: not supported by a declaration Entire Exhibit Denied: not supported by a declaration Entire Exhibit Denied for failure to narrowly tailor portions sought to be sealed Entire Exhibit Denied: not supported by a declaration Deposition Exhibit 402 (IUIC017666) Denied for failure to narrowly tailor portions sought to be sealed All excerpts from the certified deposition transcript of Steven DiLiberto. Denied: not supported by a declaration Denied for failure to narrowly tailor portions sought to be sealed Redactions throughout entire exhibit Granted Page 5:24-6:2; 6:16-23; 9:14; 10:2-5; 10:21-24 Granted WS-NAV00028 – WSNAV00068 Granted Pages 105-107 of excerpts from the certified deposition transcript of Jeff Mayes Denied: not supported by a declaration Declaration 11 United States District Court Northern District of California Entire Exhibit Declaration 9 Denied: not supported by a declaration Declaration 7 Entire Exhibit Declaration 5 Denied: not supported by a declaration Declaration 3 Entire Exhibit Deposition Exhibit 402 (IUIC017666) 1 Ex. 124 to Schmidt 12 Declaration 13 Ex. 125 to Schmidt 14 Declaration 15 16 Ex. 126 to Schmidt 17 Declaration 18 19 20 21 22 23 24 Ex. 141 to Schmidt Declaration Ex. 142 to Schmidt Declaration Ex. 143 to Schmidt Declaration 25 Ex. 144 to Schmidt 26 Declaration 27 28 13 2 Ex. 146 to Schmidt 4 Ex. 149 to Schmidt 6 Declaration 7 8 9 10 11 United States District Court Northern District of California Denied: not supported by a declaration All excerpts from the certified deposition transcripts of Regina Roque and Andrew Barrengos Denied: not supported by a declaration Granted Page 127 of excerpts from the certified deposition transcript of Nicky Espinosa Hayes Granted Redactions throughout Deposition Exhibit 101 (WSACE00857 – WS-ACE00872) Granted Denied: not supported by a declaration Pages 26-33 of excerpts from the certified deposition transcript of Regina Roque Granted Entire Exhibit Denied: not supported by a declaration Declaration 5 Entire Exhibit Declaration 3 Granted Page 78 of excerpts from the certified deposition transcript of Robert Romeo Ex. 145 to Schmidt Entire Exhibit Pages 74-81 of excerpts from the certified deposition transcripts of Regina Roque. 1 12 13 Ex. 150 to Schmidt Declaration Ex. 152 to Schmidt Declaration 14 15 16 17 18 19 Ex. 157 to Schmidt Declaration Ex. 158 to Schmidt Declaration 20 Deposition Exhibit 153 (WSGranted NAV00607 – WS-NAV00608) Deposition Exhibit 157 (WSACE00331 –WS-ACE00335) Page 139 of excerpts from the certified deposition transcript of Andrew Barrengos 22 23 24 25 26 Ex. 159 to Schmidt 27 Granted All excerpts from the certified deposition transcript of Regina Roque 21 Granted Denied for failure to narrowly tailor portions sought to be sealed Entire Exhibit Granted as to pages 7–8 and 14– 18 of the Linda McLaughlin deposition transcript; denied as to the remainder of the exhibit as not supported by a declaration Declaration 28 14 Page 101 of excerpts from the certified deposition transcript of Linda McLaughlin 1 2 3 Ex. 160 to Schmidt 4 Granted Entire Exhibit Denied: not supported by a declaration Declaration 5 Regarding the documents for which the Court has granted Intuitive’s motion to seal, “the 6 document filed under seal will remain under seal and the public will have access only to the 7 redacted version, if any, accompanying the motion.” Civil L. R. 79-5(f)(1). 8 9 With respect to many of the documents above, Intuitive sought to file the document under seal because another party designated the material as confidential. Local Rule 79-5 requires that, within four days of the filing of the administrative motion to file under seal, the designating party file a 11 United States District Court Northern District of California 10 declaration establishing that the designated material is sealable. Only Ironshore filed such a 12 declaration. ECF No. 149. With respect to those exhibits for which no supporting declaration was 13 filed, the Court has denied Intuitive’s motion noting that the exhibit was “not supported by a 14 declaration.” Should any party other than Ironshore wish to file a supporting declaration, the Court 15 will reconsider Intuitive’s motion with respect to those exhibits identified in the newly filed 16 17 18 19 20 21 22 23 24 declaration(s). If no such declaration is filed within seven days of the filing date of this Order, Intuitive may file the documents in the public record. The Court will not consider those portions of the documents for which the Court has denied Intuitive’s motion to seal unless Intuitive files the document in the public record without the redactions the Court has rejected, in conformance with this Order, within fourteen days from the date of this Order. IT IS SO ORDERED. Dated: April 21, 2016 ______________________________________ JON S. TIGAR United States District Judge 25 26 27 28 15