Serenium, Inc. v. Zhou
- Beth Freeman
- 5:20-cv-02132
- U.S. District Court · Northern District of California
- 3
In Serenium, Inc. v. Zhou, Judge Freeman granted the parties’ motion to seal a confidential arbitration award and translation.
The parties and public access to the filed arbitration award and its certified translation were affected; the court ordered the entire document sealed.
What happened
Serenium, Inc. v. Zhou involved a joint request to seal a final arbitration award and its certified English translation. The documents concerned an arbitration between New Century Healthcare (International) Holding Co. Limited and Serenium and were submitted with evidence supporting the defendants’ motion to dismiss.
The court said court records are generally presumed open to the public, but found compelling reasons to seal these documents because the arbitration rules required the proceedings and related information to remain confidential. The court granted the request as to the entire document.
Judge Beth Labson Freeman granted the joint motion to seal at ECF 66 on October 26, 2020.
The detailed version
- Serenium, Inc. v. Zhou · No. 5:20-cv-02132
- Beth Freeman
- Oct. 26, 2020
Background
The parties jointly moved to file under seal the final arbitral award from a Beijing International Arbitration Center proceeding between New Century Healthcare (International) Holding Co. Limited and Serenium, Inc., together with a certified English translation. The materials were filed with the parties’ joint notice of supplemental evidence supporting the defendants’ motion to dismiss.
Legal standard
The court explained that judicial records generally carry a strong presumption of public access. Because the materials related to the underlying claims, the parties had to show compelling reasons that outweighed that presumption. They also had to comply with the Northern District of California’s procedures for sealing documents and narrowly tailor the request to material entitled to protection.
Court’s reasoning
The court found that the parties had articulated compelling reasons for sealing the exhibit. The parties were bound by arbitration rules requiring the arbitration proceedings and information about them to remain confidential. Based on that confidentiality requirement, the court concluded that the standard for sealing was satisfied.
Disposition
Judge Beth Labson Freeman granted the joint motion to seal at ECF 66. The ruling granted sealing as to the entire final arbitral award and certified English translation.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.