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Case 3:17-cv-05659-WHA Document 675 Filed 09/07/21 Page 1 of 2
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`UNITED STATES DISTRICT COURT
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`NORTHERN DISTRICT OF CALIFORNIA
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`FINJAN, INC.,
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`Plaintiff,
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`v.
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`JUNIPER NETWORK, INC., et al.,
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`No. C 17-05659 WHA
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`ORDER RE MOTION TO SEAL
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`Defendants.
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`Juniper Network, Inc. moves to seal three documents filed in conjunction with its
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`objections to the special master’s report and recommendation on fees (Dkt. No. 660).
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`There is a strong public policy in favor of openness in our court system and the public is
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`entitled to know to whom we are providing relief (or not). See Kamakana v. City & Cty. of
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`Honolulu, 447 F.3d 1172, 1178–80 (9th Cir. 2006). To seal records in connection with a
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`“dispositive” motion, or one “more than tangentially related to the merits of a case,” requires
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`“compelling reasons supported by specific factual findings that outweigh the general history of
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`access and the public policies favoring disclosure”; sealing records connected with non-
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`dispositive motions requires a showing of good cause. See ibid. (quotations and citations
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`omitted); Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 1101 (9th Cir. 2016). A
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`classic example of a compelling reason is “business information that might harm a litigant’s
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`competitive standing.” Ctr. for Auto Safety v. Chrysler Grp., 809 F.3d 1092, 1096–97 (9th Cir.
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`Northern District of California
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`United States District Court
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`Case 3:17-cv-05659-WHA Document 675 Filed 09/07/21 Page 2 of 2
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`2016) (quotations and citations omitted). “Supporting declarations may not rely on vague
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`boilerplate language or nebulous assertions of potential harm but must explain with
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`particularity why any document or portion thereof remains sealable under the applicable legal
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`standard.” Bronson v. Samsung Elecs. Am., Inc., No. C 18-02300 WHA, 2019 WL 7810811, at
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`*1 (N.D. Cal. May 28, 2019) (citing Civ. L.R. 79-5).
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`First, Exhibit D to the declaration of Jonathan S. Kagan in support of Juniper’s request
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`for fees and expenses contains redactions of personal home addresses for attorneys and experts
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`involved in this litigation. This order finds these narrow redactions of private, personal
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`information compelling, and the motion to seal excerpts of Exhibit D is accordingly GRANTED.
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`Second, pursuant to Civil Local Rule 79-5(e), Juniper conditionally filed under seal the
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`entirety of Finjan’s brief regarding Juniper’s submission on fees and the declaration of Robert
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`Courtney supporting Finjan’s brief regarding Juniper’s submission on fees. Finjan has not
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`filed a declaration establishing that the designated material is sealable. Accordingly, the
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`motion to seal as to Finjan’s brief and the supporting Courtney declaration is DENIED.
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`IT IS SO ORDERED.
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`Dated: September 7, 2021
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`WILLIAM ALSUP
`UNITED STATES DISTRICT JUDGE
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