Grundig Multimedia AG v. Eton Corporation, No. 5:2020cv05206 - Document 35 (N.D. Cal. 2021)

Court Description: ORDER GRANTING Plaintiff's Motion for Summary Judgment, and GRANTING IN PART AND DENYING IN PART Administrative Motion to Seal. Re: Dkt. Nos. 27 , 28 . Signed by Judge Nathanael M. Cousins. (lmhS, COURT STAFF) (Filed on 2/5/2021)
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Grundig Multimedia AG v. Eton Corporation Doc. 35 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 10 GRUNDIG MULTIMEDIA AG, Plaintiff, United States District Court Northern District of California 11 v. 12 13 ETÓN CORPORATION, Defendant. 14 15 Case No. 20-cv-05206-NC ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT, AND GRANTING IN PART AND DENYING IN PART ADMINISTRATIVE MOTION TO SEAL Re: Dkt. Nos. 27, 28 16 This case arises out of a breach of contract action brought by Plaintiff Grundig 17 Multimedia (Grundig) against Defendant Etón Corporation (Etón) in the Commercial 18 Court of the Canton of Zurich, Switzerland (the “Swiss action”). In the Swiss action, Etón 19 failed to appear, and the Swiss court entered a default judgment against it. See Dkt. No. 20 27-2 (“MSJ”). The Swiss judgment against Etón is final now that the time to appeal has 21 lapsed. See id. Grundig brings the instant action to recognize and enforce the Swiss 22 Judgment pursuant to California’s Recognition Act. See Dkt. No. 1; Cal. Civ. Proc. Code 23 §§ 1715–1724. On December 2, 2020, Grundig filed a motion for summary judgment and 24 administrative motion to seal. See MSJ; Dkt. No. 27. The Court found the matter suitable 25 for decision without oral argument, so the Court vacated the hearing scheduled for January 26 20, 2021. 27 28 Having considered the parties’ submissions, the Court GRANTS Grundig’s motion for summary judgment and GRANTS IN PART AND DENIES IN PART the Case No. 20-cv-05206-NC Dockets.Justia.com 1 administrative motion to seal. 2 I. 3 United States District Court Northern District of California 4 BACKGROUND A. Factual Background Grundig, a Swiss consumer electronics company, owns the trademark 5 “GRUNDIG.” See Dkt. No. 27-4 ¶ 6. On February 1, 2014, Etón entered into a 6 Trademark License and Distribution Agreement (the “Agreement”) with Grundig to 7 license the trademark. Id. ¶ 7 Under its terms, the Agreement would be governed by 8 Swiss law, the parties submitted themselves to the exclusive jurisdiction of the “courts of 9 Zurich, Switzerland, for determination of any dispute arising out of or under this 10 Agreement,” and the parties consented to service of process by those courts in a manner 11 provided by Swiss law, waiving any forum non conveniens arguments. Id. ¶ 8. The 12 Agreement also provided that notices pursuant to the Agreement shall be served on Etón at 13 its Palo Alto, California address. See Dkt. No. 30 (“Opp’n”) at 2.; see also Dkt. No. 31 14 (“Reply”) at 5. 15 Etón did not provide Grundig with the royalty statements and payments required 16 under the Agreement. Dkt. No. 27-4 ¶¶ 9–10. After numerous attempts to confer with 17 Etón about the non-payment over a two-year period, see MSJ at 3–4, Grundig filed suit 18 against Etón in the Commercial Court of the Canton of Zurich on December 14, 2018, for 19 breach of the Agreement, see MSJ at 4. The Swiss court issued a decree on February 4, 20 2019 (“February 4 decree”), ordering Etón to respond and designate a Swiss domicile. 21 Dkt. No. 27-4 ¶ 40. The Swiss court confirmed that its February 4 decree “was 22 successfully served to the Defendant on March 25, 2019, by way of judicial assistance.” 23 Id. On March 25, 2019, FedEx delivered a package to Etón at its Palo Alto address, 24 containing the February 4 decree from the Consulate General of Switzerland in San 25 Francisco. Reply, Ex. 1. Etón’s Senior Administrative Assistant signed for the delivery. 26 Id., Exs. 1–2. 27 28 Etón did not respond to the February 4 decree. Dkt. No. 27-4 ¶ 42. So, the Swiss court issued another decree on June 20, 2019, and provided Etón with a ten-day extension Case No. 20-cv-05206-NC 2 1 to respond, at which point the Swiss court would potentially move to make a final 2 judgment in the suit if Etón further defaulted. Id.; Reply, Ex. 3. The Swiss Clerk of Court 3 issued notice of the June 20, 2019, decree via publication in the Swiss Commercial Gazette 4 on June 24, 2019, after Etón failed to respond to notice delivered and received at its Palo 5 Alto address. See Reply, Exs. 1, 3. Etón remained in default after the grace period, and 6 the Swiss court entered default judgment against Etón on July 10, 2019. MSJ at 4; Reply, 7 Ex. 4. The Swiss Clerk of Court issued notice of default by publication on July 16, 2019. 8 See Reply, Ex. 4. Etón maintains that it intends to pursue an appeal or reopening of the 9 Swiss default judgment, but “efforts to identify and retain appropriate counsel have been 10 United States District Court Northern District of California 11 hampered due to the ongoing Covid-19 Global Pandemic.” Opp’n at 3. The Swiss Judgment establishes that Etón is obligated to pay Grundig four 12 installments of the fixed installment fee pursuant to the Agreement, and payment of a 13 licensing fee for the price at which it sold the licensed products. Dkt. No. 27-4 ¶¶ 44–47. 14 Finally, the Swiss Court also held that Etón is obligated to pay Grundig a default fee, 15 default interest, and Grundig’s Swiss court fees and attorneys’ fees. Id. After the entry of 16 judgment, Etón had thirty days to file a federal appeal against the Swiss judgment in the 17 Swiss Federal Court. Dkt. No. 27-4 ¶¶ 49–50. Etón failed to file an appeal within the 18 allotted time, so the Swiss judgment is now final. Id. Etón has yet to make any payments 19 toward the Swiss judgment. MSJ at 6. 20 B. 21 Grundig filed the instant action in this Court on July 29, 2020, along with a separate Procedural History 22 motion to seal portions of the complaint. Dkt. Nos. 1, 5. The complaint states claims 23 under California’s Recognition Act, and state law breach of contract claims. See Dkt. No. 24 1 ¶¶ 22–33. At the case management conference on October 28, 2020, the parties agreed 25 to participate in mediation and the parties attended mediation on December 22, 2020. See 26 Dkt. No. 32. On December 2, 2020, Grundig moved for summary judgment and filed an 27 administrative motion to seal portions of the summary judgment motion and exhibits. See 28 MSJ; see also Dkt. No. 27. Etón timely opposed. Dkt. No. 30. Both parties consented to Case No. 20-cv-05206-NC 3 United States District Court Northern District of California 1 the jurisdiction of a magistrate judge. Dkt. Nos. 15, 17. 2 II. LEGAL STANDARD 3 Summary judgment may be granted only when, drawing all inferences and 4 resolving all doubts in favor of the nonmoving party, there is no genuine dispute as to any 5 material fact. Fed. R. Civ. P. 56(a); Tolan v. Cotton, 134 S. Ct. 1861, 1863 (2014); 6 Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986). A fact is material when, under 7 governing substantive law, it could affect the outcome of the case. Anderson v. Liberty 8 Lobby, Inc., 477 U.S. 242, 248 (1986). A dispute about a material fact is genuine if “the 9 evidence is such that a reasonable jury could return a verdict for the nonmoving party.” Id. 10 Bald assertions that genuine issues of material fact exist are insufficient. Galen v. Cnty. of 11 L.A., 477 F.3d 652, 658 (9th Cir. 2007). 12 The moving party bears the burden of identifying those portions of the pleadings, 13 discovery, and affidavits that demonstrate the absence of a genuine issue of material fact. 14 Celotex, 477 U.S. at 323. Once the moving party meets its initial burden, the nonmoving 15 party must go beyond the pleadings, and, by its own affidavits or discovery, set forth 16 specific facts showing that a genuine issue of fact exists for trial. Fed. R. Civ. P. 56(c); 17 Barthelemy v. Air Lines Pilots Ass’n, 897 F.2d 999, 1004 (9th Cir. 1990) (citing Steckl v. 18 Motorola, Inc., 703 F.2d 392, 393 (9th Cir. 1983)). All justifiable inferences, however, 19 must be drawn in the light most favorable to the nonmoving party. Tolan, 134 S. Ct. at 20 1863 (citing Liberty Lobby, 477 U.S. at 255). 21 III. GRUNDIG’S MOTION FOR SUMMARY JUDGMENT 22 23 A. Application of the Recognition Act California has enacted the Uniform Foreign-Country Money Judgments 24 Recognition Act (UFMJRA), codified under California Code of Civil Procedure section 25 1713, et seq. The Recognition Act applies to all foreign-country judgments which: (1) 26 grant recovery of a sum of money; (2) is final, conclusive, and enforceable under the law 27 of the country where it was rendered; and (3) is not a judgment for taxes, a fine or other 28 penalty, or a judgment arising from domestic relations. Cal. Civ. Proc. Code § 1715; AO Case No. 20-cv-05206-NC 4 1 Alfa-Bank v. Yakovlev, 230 Cal. Rptr. 3d 214, 222 (Cal. Ct. App. 2018). The Recognition 2 Act employs a burden-shifting framework; first, the party seeking to enforce the foreign 3 judgment must establish the statutory requirements above. See de Fontbrune v. Wofsy, 409 4 F. Supp. 3d 823, 831 (N.D. Cal. Sep. 12, 2019). Then, once an initial showing is made, 5 “there is a presumption in favor of enforcement, and the party resisting recognition bears 6 the burden of establishing that one of the enumerated bases for nonrecognition set forth in 7 § 1716 applies.” Id. (internal citations omitted). “A court must recognize the foreign 8 judgment unless the resisting party can carry its burden.” Id. at 832; Cal. Civ. Proc. Code 9 § 1716(a). United States District Court Northern District of California 10 Here, Grundig established that the statutory requirements are satisfied for 11 recognition of the Swiss Judgment. Grundig presented evidence that the Swiss court 12 issued a judgment in its favor granting a sum of money, Dkt. No. 27-4 ¶¶ 44–48, the 13 default judgment is final, conclusive, and enforceable under the laws of Switzerland, id. ¶ 14 51, and it is not a judgment for taxes or penalty, see MSJ at 11. Etón provided no evidence 15 to the contrary. 16 The Recognition Act provides three mandatory grounds for nonrecognition: (1) 17 where the judgment was rendered under a judicial system that does not provide impartial 18 tribunal or procedures compatible with the requirements of due process of law; (2) where 19 the foreign court did not have personal jurisdiction over the defendant; and (3) where the 20 foreign court did not have jurisdiction over the subject matter. Cal. Civ. Proc. Code § 21 1716(b). Etón does not argue that any of the mandatory grounds apply here. 22 The Recognition Act also provides nine discretionary bases where a court “is not 23 required to recognize a foreign-country judgment.” Cal. Civ. Proc. Code § 1716(c). Of 24 those nine, Etón argues that the following defenses under section 1716(c) bar recognition 25 of the Swiss Judgment: (1) Etón received insufficient notice to defend in the Swiss 26 proceeding; and (2) the Swiss proceeding was contrary to an agreement between the 27 parties under which disputes were to be determined by a process other than the Swiss court 28 proceedings. See Opp’n at 5; see also Cal. Civ. Proc. Code §1716(c)(1)(A), (D). For Case No. 20-cv-05206-NC 5 1 Grundig to prevail on its summary judgment motion, it must show that there are no triable 2 issues on all of Etón’s defenses. The central issues before the court are (1) whether there is 3 a genuine dispute of material fact regarding the sufficiency of Etón’s notice in the Swiss 4 proceeding, and (2) whether the parties’ agreement required an alternative method of 5 settling disputes outside of the Swiss court. 6 7 United States District Court Northern District of California 8 B. Defenses to Bar Recognition of a Foreign Judgment 1. The Defendant in the Foreign Proceeding Received Sufficient Notice (Cal. Civ. Proc. Code § 1716(c)(1)(A)) 9 Etón argues that there is a genuine dispute of material fact because Etón was not 10 given proper notice in the Swiss proceeding. See Opp’n at 5–7. “The Recognition Act 11 provides that a court may decline to recognize a foreign money judgment where the 12 defendant in the proceeding in the foreign court did not receive notice of the proceeding in 13 sufficient time to enable the defendant to defend.” de Fontbrune, 409 F. Supp. 3d at 837– 14 38; Cal. Civ. Proc. § 1716(c)(1)(A). 15 Etón cites de Fontbrune v. Wofsy, 409 F. Supp. at 838 to argue that its defense on 16 this ground is proper because it “was not served in a manner reasonably calculated to give 17 [it] actual notice of the pendency of the [foreign] proceeding.” Opp’n at 5. Etón argues 18 that when sufficient notice is at issue, “[d]ue process of law does not require actual notice, 19 but only a method reasonably certain to accomplish that end [and] [t]he means employed 20 must be such as one desirous of actually informing the absentee might reasonably adopt to 21 accomplish it.” Id. Etón maintains that these methods were not employed here. Although 22 Etón correctly cites the standard for notice, the Court finds that notice here was sufficient. 23 Here, Grundig completed actual service of the February 4 decree. The Consulate 24 General of Switzerland in San Francisco hand delivered the February 4 decree via FedEx 25 to an employee at Etón’s address in Palo Alto on March 25, 2019. See Reply at 4, Ex. 1. 26 After Etón received notice on March 25, 2019, and still failed to respond, the Swiss court 27 provided Etón an extension before entering default. See Reply at 4–5. On June 24, 2019, 28 the Swiss court provided notice of the extension to Etón via publication in the Swiss Case No. 20-cv-05206-NC 6 1 Commercial Gazette in hopes that Etón would respond to one of the two methods of 2 service. See id. Ex. 3. “Reasonable efforts to provide service can preclude this defense even in the absence United States District Court Northern District of California 3 4 of actual notice.” de Fontbrune, 409 F. Supp. at 838. Etón does not provide the Court 5 with admissible evidence to adequately refute Grundig’s evidence of actual notice. Etón 6 provided an unverified unsworn declaration from its Chief Operating Officer asserting that 7 Etón was “unaware of the Swiss Proceeding or the Swiss Default Judgment and [had] no 8 record of receiving any notice of [either] prior to the notice provided by the Plaintiff on 9 June 2, 2020.” Dkt. No. 30-1 (“Smith Decl.”) ¶ 4.1 Grundig, however, supplied evidence 10 showing both actual notice, and reasonable efforts to provide such notice. See Reply, Exs. 11 1–4. 12 Here, Grundig made reasonable efforts to provide notice as evidenced by the proofs 13 of service, overnight mail to Etón’s address in Palo Alto, and publication. See Reply, Exs. 14 1–4. Furthermore, notice by publication in the Swiss Commercial Gazette was sufficient 15 here considering that the parties agreed that any dispute would be governed by Swiss law. 16 See Reply at 2–3; see also Dkt. No. 27-4 ¶ 8, Ex. A. In the face of Grundig’s evidence 17 provided, it is unclear to the Court why Etón argues that it did not receive notice. 18 Therefore, there is no genuine dispute that Etón received sufficient notice, and its defense 19 on this ground does not support nonrecognition of the Swiss Judgment. 20 2. 21 In addition to its notice defense, Etón vaguely argues that this Court should not 22 23 The Proceeding in the Foreign Court Was Not Contrary to an Agreement Between the Parties (Cal. Civ. Proc. Code § 1716(c)(1)(D)) recognize the Swiss judgment because it was contrary to an agreement between the parties. 24 25 26 27 28 1 See e.g., Barroca v. Santa Rita Jail, No. 04-cv-0482-VRW (PR), 2006 WL 571355, at *4 (N.D. Cal. Mar. 3, 2006) (“A declaration is not admissible as evidence if not verified as true and correct and signed under penalty of perjury.”); Coverdell v. Dept. of Social Health Services, 834 F.2d 758, 762 (9th Cir. 1987) (unsworn assertions “do not constitute evidence”); Khan v. Bank of America, N.A., No. 12-cv-1107-LB, 2015 WL 3919512, at *7 (N.D. Cal. June 25, 2015) (finding that a declaration not signed under penalty of perjury is not evidence the court can consider when ruling on a motion for summary judgment). Case No. 20-cv-05206-NC 7 United States District Court Northern District of California 1 See Opp’n at 5–6. Similarly, the Court finds that there is no genuine dispute regarding the 2 terms of the parties’ Agreement. The Recognition Act provides that a Court may refuse to 3 recognize a foreign money judgment if “[t]he proceeding in the foreign court was contrary 4 to an agreement between the parties under which the dispute in question was to be 5 determined otherwise than by proceedings in that foreign court.” Cal. Civ. Proc. Code § 6 1716(c)(1)(D). Typically, courts find that this defense precludes recognition of a foreign 7 judgment where the parties’ original agreement provides valid terms requiring the parties 8 to adjudicate their disputes by means other than foreign court proceedings. See 9 Montebueno Mktg., Inc. v. Del Monte Foods Corp.-USA, No. 11-cv-4977-MEJ, 2012 WL 10 986607, at *1 (N.D. Cal. Mar. 22, 2012) (refusing to recognize a foreign judgment after 11 finding that proceedings in the Philippines were contrary to an agreement between the 12 parties requiring them to arbitrate their disputes). 13 Here however, that is not the case. Etón appears to argue that the proceeding in the 14 Swiss court was contrary to the parties’ Agreement because “the Agreement specifically 15 provided that the Plaintiff was to provide any notices to the Defendant at its Palo Alto, 16 California address,” yet “the Plaintiff has provided no evidence that the Swiss Proceeding, 17 the February 4 Decree, the June 20 Decree or the Swiss Default Judgment were ever 18 served on the Defendant at the Palo Alto address.” Opp’n at 5–6. Etón misapplies the 19 standard for this defense. This defense does not apply broadly to the breach of merely any 20 term in an Agreement; rather, it asks specifically whether the parties contractually agreed 21 to resolve disputes in one particular manner, but a foreign court adjudicated the dispute 22 instead. 23 Grundig and Etón entered into an Agreement providing that disputes would be 24 brought in the Swiss court — and that is exactly what Grundig did. See Reply at 6. The 25 commencement of proceedings in the Swiss court did not violate the parties’ agreement. 26 Therefore, Etón’s argument under this ground is also insufficient to preclude recognition 27 of the Swiss Judgment. 28 Case No. 20-cv-05206-NC 8 1 United States District Court Northern District of California 2 C. Additional Time for Discovery Finally, Etón claims that summary judgment is not appropriate at this early stage of 3 litigation because the parties have not had the opportunity to complete discovery. Opp’n at 4 7. This argument is based on Etón’s insistence that discovery is “necessary to develop the 5 facts to support its defenses against transfer and recognition of the default judgment taken 6 in Switzerland.” Opp’n at 8. Rule 56(d) grants district courts discretion to defer 7 considering a summary judgment motion, deny it, or allow additional time for discovery 8 where “a nonmovant shows by affidavit or declaration that, for specified reasons, it cannot 9 present facts essential to justify its opposition.” Fed. R. Civ. P. 56(d). “An affidavit or 10 declaration used to support or oppose a motion must be made on personal knowledge, set 11 out facts that would be admissible in evidence, and show that the affiant or declarant is 12 competent to testify on matters stated.” Fed. R. Civ. P. 56(c)(4). 13 Etón did not cite Rule 56(d) in its request for more time for discovery, nor did it 14 provide the required declaration to request such relief pursuant to the rule. The only 15 support for this claim comes from Etón’s declaration which is inadmissible. Etón’s single 16 unverified declaration does not invoke Rule 56(d) nor explain why Etón needs additional 17 time to present its defenses to Grundig’s summary judgment motion. And even if Etón 18 made the proper request under Rule 56(d), the Court finds that Etón has not met that 19 standard. Accordingly, this argument fails to create a genuine dispute of material fact and 20 the Court declines to grant Etón relief under Rule 56(d). 21 Thus, there is no genuine dispute of material fact in this case, and Grundig has met 22 its burden of demonstrating that the Recognition Act applies. Accordingly, the Court 23 GRANTS Grundig’s motion for summary judgment, and recognizes the Swiss default 24 judgment. 25 IV. GRUNDIG’S ADMINISTRATIVE MOTION TO SEAL 26 On a separate motion before the Court is Grundig’s administrative motion to seal 27 portions of its motion for summary judgment. Dkt. No. 27. There is a “general right to 28 inspect and copy public records and documents, including judicial records.” Nixon v. Case No. 20-cv-05206-NC 9 United States District Court Northern District of California 1 Warner Commc’ns, Inc., 435 U.S. 589, 597 & n.7 (1978). When a party seeks to seal a 2 judicial record that is more than tangentially related to the underlying cause of action, it 3 must articulate “compelling reasons supported by specific factual findings that outweigh 4 the general history of access and the public policies favoring disclosure.” Kamakana v. 5 City & Cnty. of Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006) (internal citations omitted). 6 Compelling reasons exist when court records may be used to “gratify private spite, 7 promote public scandal, circulate libelous statements, or release trade secrets.” Id. at 1179. 8 The “compelling reasons” standard is applied to documents attached to a motion for 9 summary judgment because “summary judgment adjudicates substantive rights and serves 10 as a substitute for trial.” Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 1097– 11 98 (9th Cir. 2016). Conversely, filings that are only tangentially related to the merits may 12 be sealed upon a lesser showing of “good cause.” Id. at 1097. 13 “The party seeking protection bears the burden of showing specific prejudice or harm 14 will result,” Phillips ex rel. Estates of Byrd v. Gen. Motors Corp., 307 F.3d 1206, 1210–11 15 (9th Cir. 2002), and must make a “particularized showing . . . with respect to any 16 individual document,” San Jose Mercury News, Inc. v. U.S. Dist. Court. N. Dist. (San 17 Jose), 187 F.3d 1096, 1103 (9th Cir. 1999). “Broad allegations of harm, unsubstantiated 18 by specific examples or articulated reasoning,” are insufficient. Beckman Indus., Inc. v. 19 Int’l Ins. Co., 966 F.2d 470, 476 (9th Cir. 1992). “[S]ources of business information that 20 might harm a litigant’s competitive standing” often warrant protection under seal. Nixon, 21 435 U.S. at 598. 22 Furthermore, in this district, sealing motions must be “narrowly tailored to seek 23 sealing only of sealable material.” Civil L.R. 79-5(b). A party moving to seal a document 24 in whole or in part must file a declaration establishing that the identified material is 25 “sealable.” Civil L.R. 79-5(d)(1)(A). Merely stating that a party designated material as 26 confidential is insufficient by itself to seal a document. Id. 27 28 The “compelling reasons” standard applies to this sealing motion because the proposed findings of fact, portions of the brief, and exhibits proposed for sealing are Case No. 20-cv-05206-NC 10 1 attached to a summary judgment motion, and are therefore more than tangentially related 2 to the merits of the case. See Ctr. for Auto Safety, 809 F.3d at 1097. As to the highlighted 3 portions of the brief, the proposed findings of fact, Exhibits A–C, and G–N, the Court 4 GRANTS the motion to seal. The Court DENIES the motion to seal as to Exhibit O. The 5 Court DENIES the motion to seal Exhibit E WITHOUT PREJUDICE to a renewed 6 motion. United States District Court Northern District of California 7 Exhibit A contains the Trademark License and Distribution Agreement between 8 Grundig and Etón. Dkt. No. 27 at 3. The exhibit reveals information about Grundig’s 9 licensing strategy. Grundig argues that it would be put at a competitive disadvantage if the 10 exhibit were disclosed because “the Agreement contains sensitive business information of 11 both parties relating to the structure and terms of the [Agreement],” and “if the information 12 were made public, competitors of Grundig would have insight into how Grundig structures 13 its business and intellectual property agreements, giving them an opportunity to modify 14 their own business and intellectual property strategies.” Id. Grundig maintains that this 15 could “significantly harm its competitive standing.” Id. The Court finds appropriate 16 sealing this document. 17 Exhibits B, and C contain correspondence, and Exhibits G–N are invoices. The 18 proposed redactions in these exhibits, along with those proposed in the brief and proposed 19 findings of fact, all refer to the commercially sensitive information in Exhibit A. For those 20 same reasons, the Court finds it appropriate to seal the highlighted portions of these 21 documents. 22 Exhibit E is the Swiss Judgment from July 10, 2019, and Exhibit O is the Swiss 23 Decree from June 20, 2019. Grundig seeks to seal both in their entirety because “all 24 identifying information regarding the parties is redacted from the public version of the 25 Judgment, and the June 20, 2019, decree is not publicly available.” Dkt. No. 27 at 3. The 26 Court does not find sealing appropriate for Exhibit O because there is no sensitive data in 27 that exhibit, and Grundig does not present compelling or narrowly tailored reasons for that 28 document to be sealed from public view. And although the Court finds that Exhibit E Case No. 20-cv-05206-NC 11 1 contains the commercially sensitive information sealed in Exhibit A, the Court does not 2 find that the document should be sealed in its entirety. The parties must articulate 3 compelling, narrowly tailored reasons to seal only those commercially sensitive portions of 4 the document. Accordingly, the Court GRANTS Grundig’s motion to seal the highlighted portions 5 United States District Court Northern District of California 6 of the following: 7 • (1) the brief in support of summary judgment (Dkt. No. 27-1); 8 • (2) proposed findings of fact (Dkt. No. 27-3); 9 • (3) Exhibit B (Dkt. No. 27-6); 10 • (4) Exhibit C (Dkt. No. 27-8); and 11 • (5) Exhibits G–N (Dkt. Nos. 27-11, 27-13, 27-15, 27-17, 27-19, 27-21, 27-23, 2725). 12 13 The Court further orders the following: • The Court GRANTS Grundig’s motion to seal Exhibit A (Dkt. No. 27-5) in its 14 entirety. 15 16 • The Court DENIES Grundig’s motion to seal Exhibit O (Dkt. No. 27-27); and 17 • The Court DENIES Grundig’s motion as to Exhibit E (Dkt. No. 27-10) WITHOUT PREJUDICE. 18 Grundig may refile an administrative motion to seal and supporting declaration for 19 20 Exhibit E by February 19, 2021. Exhibit E will remain temporarily sealed until further 21 court order. The clerk is ordered to unseal Exhibit O (Dkt. No. 27-27). 22 // 23 // 24 // 25 // 26 // 27 // 28 // Case No. 20-cv-05206-NC 12 1 2 V. CONCLUSION For the foregoing reasons, Grundig’s motion for summary judgment is GRANTED. 3 The amount owed to Grundig pursuant to the Swiss Judgment is specified under seal at 4 Exhibit E (Dkt. No. 27-10). The total amount of the judgment in USD, including the court 5 fee and attorneys’ fees, is specified under seal at Dkt. No. 27-3 at 13. The motion to seal is 6 granted in part and denied in part. A judgment is issued concurrently with this Order. 7 IT IS SO ORDERED. 8 9 Dated: February 5, 2021 10 _____________________________________ NATHANAEL M. COUSINS United States Magistrate Judge United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No. 20-cv-05206-NC 13