Case 2:21-cv-00283-TS-DAO Document 243 Filed 01/27/23 PageID.12716 Page 1 of 4
`
`Brent O. Hatch (5715)
`Hatch Law Group, PC
`22 E. 100 S. Suite 400
`Salt Lake City, Utah 84111
`Telephone: (801) 869-1919
`hatch@hatchpc.com
`
`Attorney for Defendant – Additional counsel listed in signature
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF UTAH
`
`
`
`EAGLE VIEW TECHNOLOGIES, INC. and
`PICTOMETRY INTERNATIONAL CORP.,
`
`
`
` Plaintiffs,
`
`v.
`
`NEARMAP US, INC.,
`
`
`
` Defendant.
`
`
`DEFENDANT’S MOTION TO SEAL
`DOCUMENT PURSUANT TO
`DUCivR 5-3
`
`Seal Defendant’s Motion for Summary
`Judgment Pursuant to LPR 6.2 and
`Appendix Thereto
`
`Case No.: 2:21-cv-00283
`
`Judge: Ted Stewart
`
`Magistrate Judge: Daphne A. Oberg
`
`
`
`
`
`
`
`
`
`Pursuant to DUCivR 5-3, Defendant Nearmap US, Inc. (“Nearmap”) respectfully moves
`
`this Court for leave to file under seal Defendant’s Motion for Summary Judgment Pursuant to
`
`LPR 6.2 (“the Motion”) and Appendix thereto.
`
`INTRODUCTION AND BACKGROUND
`
`The Court may at any time order all or a portion of the documents filed in a pending civil
`
`case to be sealed for good cause. Whether good cause exists in a particular case is a matter left
`
`to the sound discretion of the Court. In the exercise of this discretion, there is good cause for the
`
`Court to seal documents when the public’s right of access is outweighed by competing interests
`
`
`
`Brent O. Hatch (5715)
`Hatch Law Group, PC
`22 E. 100 S. Suite 400
`Salt Lake City, Utah 84111
`Telephone: (801) 869-1919
`hatch@hatchpc.com
`
`Attorney for Defendant – Additional counsel listed in signature
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF UTAH
`
`
`
`EAGLE VIEW TECHNOLOGIES, INC. and
`PICTOMETRY INTERNATIONAL CORP.,
`
`
`
` Plaintiffs,
`
`v.
`
`NEARMAP US, INC.,
`
`
`
` Defendant.
`
`
`DEFENDANT’S MOTION TO SEAL
`DOCUMENT PURSUANT TO
`DUCivR 5-3
`
`Seal Defendant’s Motion for Summary
`Judgment Pursuant to LPR 6.2 and
`Appendix Thereto
`
`Case No.: 2:21-cv-00283
`
`Judge: Ted Stewart
`
`Magistrate Judge: Daphne A. Oberg
`
`
`
`
`
`
`
`
`
`Pursuant to DUCivR 5-3, Defendant Nearmap US, Inc. (“Nearmap”) respectfully moves
`
`this Court for leave to file under seal Defendant’s Motion for Summary Judgment Pursuant to
`
`LPR 6.2 (“the Motion”) and Appendix thereto.
`
`INTRODUCTION AND BACKGROUND
`
`The Court may at any time order all or a portion of the documents filed in a pending civil
`
`case to be sealed for good cause. Whether good cause exists in a particular case is a matter left
`
`to the sound discretion of the Court. In the exercise of this discretion, there is good cause for the
`
`Court to seal documents when the public’s right of access is outweighed by competing interests
`
`
`
`Case 2:21-cv-00283-TS-DAO Document 243 Filed 01/27/23 PageID.12717 Page 2 of 4
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`and when these documents are sources of business information that might harm a party’s
`
`competitive standing if revealed to the public.
`
`There is good cause to enter an order restricting public access to, and/or sealing the
`
`Motion and Appendix thereto. Specifically, the Court should restrict public access because
`
`Nearmap’s countervailing interest in preserving the confidentiality of its commercially sensitive
`
`business information outweighs the limited public interest in access.
`
`The Motion contains sensitive technical information, sensitive business information,
`
`competitive technical information, and competitive business information that is
`
`CONFIDENTIAL INFORMATION – ATTORNEYS EYES ONLY pursuant to the Standard
`
`Protective Order. See DUCivR 26-2. Accordingly, Nearmap requests that the Court seal this
`
`document pursuant to DUCivR 5-3.
`
`The Appendix also contains sensitive technical information, sensitive business
`
`information, competitive technical information, and competitive business information that is
`
`CONFIDENTIAL INFORMATION – ATTORNEYS EYES ONLY pursuant to the Standard
`
`Protective Order. See DUCivR 26-2. Accordingly, Nearmap requests that the Court seal this
`
`document pursuant to DUCivR 5-3.
`
`The Motion and Appendix thereto contain commercially sensitive information that may
`
`be damaging to Nearmap if made available to the public, including their competitors. Thus, the
`
`Court should afford limited weight to the presumption of public access under the circumstances.
`
`There are countervailing interests that outweigh the public’s limited interest in access to the
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`Motion and Appendix thereto filed in this private commercial dispute.
`
`
`
`Case 2:21-cv-00283-TS-DAO Document 243 Filed 01/27/23 PageID.12718 Page 3 of 4
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`ARGUMENT
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`Good cause exists for the Court to seal the Motion and Appendix thereto. The Court may
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`at any time order all or a portion of the documents filed in a pending civil case to be sealed for
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`good cause. DUCivR 5-3. “[A] court, in its discretion, may seal documents ‘if the public’s right
`
`of access is outweighed by competing interests.’” United States v. Hickey, 767 F.2d 705, 708
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`(10th Cir. 1985). “Documents can only be sealed on motion and with a showing of ‘good
`
`cause.’” AH Aero Serv., LLC v. Heber City, Case No. 2:17-CV-01118, 2020 WL 6135819, at *2
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`(D. Utah Oct. 19, 2020). There is good cause for the Court to seal documents that “contain
`
`information that is highly sensitive and of a proprietary nature.” Braun v. Medtronic Sofamor
`
`Danek, Inc., 719 F. App’x 782, 801 n.8 (10th Cir. 2017) (citing Nixon v. Warner Commc’ns,
`
`Inc., 435 U.S. 589, 598 (1978)).
`
`Further, “the public’s right of access is outweighed by” the possible competitive harm to
`
`Nearmap from public disclosure of its commercially sensitive information. Finally, the relief
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`sought through this motion is narrowly tailored under the circumstances because Nearmap does
`
`not seek to seal the entire case or the Motion.
`
`Because there are compelling reasons to keep under seal the Motion and Appendix
`
`thereto containing confidential information, and because Nearmap is requesting to seal only the
`
`documents necessary to protect Nearmap’s substantial commercial interests, the Motion and
`
`Appendix thereto should be sealed.
`
`3
`
`
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`Case 2:21-cv-00283-TS-DAO Document 243 Filed 01/27/23 PageID.12719 Page 4 of 4
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`CONCLUSION
`
`Nearmap respectfully requests leave to file the Motion and Appendix thereto under seal.
`
`Nearmap further requests that the Court restrict public access to and/or seal the Motion and
`
`Appendix thereto.
`
`
`
`Submitted this 27th day of January, 2023
`
`
`
`By: /s/ Brent O. Hatch
`Brent O. Hatch
`HATCH LAW GROUP, PC
`
`
`
`
`
`Of Counsel:
`
`Nicholas Groombridge
`Jennifer H. Wu
`Jenny C. Wu
`Jennifer Rea Deneault
`Scott E. Miller
`Timothy J. Beavers
`GROOMBRIDGE, WU,
` BAUGHMAN & STONE LLP
`565 Fifth Avenue, Suite 2900
`New York, New York 10017
`332-269-0030 (telephone)
`nick.groombridge@groombridgewu.com
`jennifer.wu@groombridgewu.com
`jenny.wu@groombridgewu.com
`jenna.deneault@groombridgewu.com
`scott.miller@groombridgewu.com
`timothy.beavers@groombridgewu.com
`
`Attorneys for Defendant Nearmap US, Inc.
`
`
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