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`UNITED STATES DISTRICT COURT
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`NORTHERN DISTRICT OF CALIFORNIA
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`SAN JOSE DIVISION
`
`LYFT, INC.,
`
`Plaintiff,
`
`v.
`
`AGIS SOFTWARE DEVELOPMENT LLC,
`et al.,
`
`Case No. 21-cv-04653-BLF
`
`
`ORDER GRANTING PLAINTIFF
`LYFT, INC.’S ADMINISTRATIVE
`MOTION TO CONSIDER WHETHER
`ANOTHER PARTY’S MATERIAL
`SHOULD BE SEALED
`
`Defendants.
`
`[Re: ECF No. 139]
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`Before the Court is Lyft, Inc.’s (“Lyft”) Administrative Motion to Consider Whether
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`Another Party’s Material Should Be Sealed regarding redactions in its First Amended Complaint.
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`See ECF No. 139. The Court previously granted Lyft’s sealing motion as to the same redacted
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`material when Lyft sought to file a redacted version of the First Amended Complaint as an exhibit
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`to its Motion to File First Amended Complaint (ECF No. 78). See Order, ECF No. 91 at 4–5. Lyft’s
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`previous sealing motion was supported by a declaration from AGIS Software Development LLC’s
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`(“AGIS Software”) counsel. See Rubino Decl., ECF No. 87. The Court found that there was “good
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`cause” for sealing the redacted information, since it was “confidential business, financial, and
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`licensing information of AGIS Software[.]” See Order, ECF No. 91 at 4. Now, Lyft moves to seal
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`the same information.
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`“Historically, courts have recognized a ‘general right to inspect and copy public records and
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`documents, including judicial records and documents.’” Kamakana v. City and Cnty. of Honolulu,
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`447 F.3d 1172, 1178 (9th Cir. 2006) (quoting Nixon v. Warner Commc’ns, Inc., 435 U.S. 589,
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`597 & n.7 (1978)). Consequently, access to motions and their attachments that are “more than
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`tangentially related to the merits of a case” may be sealed only upon a showing of “compelling
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`reasons” for sealing. Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 1101–02 (9th Cir.
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`Northern District of California
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`United States District Court
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`
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`Case 5:21-cv-04653-BLF Document 146 Filed 06/07/22 Page 2 of 2
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`2016). Filings that are only tangentially related to the merits may be sealed upon a lesser showing
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`of “good cause.” Id. at 1097.
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`Since the information at issue is contained within Lyft’s operative complaint, the Court finds
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`that the “compelling reasons” standard applies to Lyft’s administrative motion, since Lyft’s
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`operative complaint is “more than tangentially related to the merits of [the] case.” See Ctr. for Auto
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`Safety, 809 F.3d at 1101–02. The Court finds that there are compelling reasons for sealing the
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`proposed redacted information in Lyft’s First Amended Complaint. See Rubino Decl., ECF No. 87
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`at 2–3 (redacted portions contain “confidential financial information,” “highly confidential
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`settlement licenses and negotiations with third parties,” and “information regarding the corporate
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`structure and contents of agreements between business entities,” the public filing of which could
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`cause competitive harm to AGIS Software and third parties); In re Electronic Arts,
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`298 Fed.Appx. 568, 569 (9th Cir. 2008) (finding compelling reasons for sealing “business
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`information that might harm a litigant’s competitive strategy”); Nicolosi Distributing, Inc. v.
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`Finishmaster, Inc., No. 18–cv–03587–BLF, 2018 WL 10758114, at *2 (N.D. Cal. Aug. 28, 2018)
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`(“[C]ompelling reasons exist [to seal three contracts] because they contain proprietary and
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`confidential business information, including potential trade secrets and business practices, such as
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`product rates and purchase requirements.”); In re Google Location Hist. Litig., 514 F.Supp.3d 1147,
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`1162 (N.D. Cal. 2021); see also Order, ECF No. 144.
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`Accordingly, the Court hereby GRANTS Lyft’s administrative motion.
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`Dated: June 7, 2022
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`
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`______________________________________
`BETH LABSON FREEMAN
`United States District Judge
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`Northern District of California
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`United States District Court
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