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N.D. Cal.Procedural orderFiled Mar. 25, 2021

Chinitz v. Intero Real Estate Services

Judge
Beth Freeman
Docket
5:18-cv-05623
Court
U.S. District Court · Northern District of California
Pages
3
Civil ProcedureEvidence
In one sentence

In Chinitz v. Intero Real Estate Services, Judge Freeman granted Intero’s motion to seal portions of Exhibit B containing proprietary, nonpublic business information.

Who this affects

Intero Real Estate Services’s business-records exhibit was affected because the court allowed specified portions containing proprietary, nonpublic, and competitively sensitive information to be filed under seal, limiting public access to those portions.

What happened

In Chinitz v. Intero Real Estate Services, the defendant asked to seal part of Exhibit B to a supplemental declaration. Plaintiff Ronald Chinitz did not oppose the request.

The court explained that court filings generally are public, but material containing commercially sensitive information may be sealed for compelling reasons. It found that the requested portions contained proprietary, nonpublic, and competitively sensitive details, and that the proposed redactions were generally limited to the material needing protection.

The court granted the defendant’s motion to file portions of Exhibit B under seal. Judge Beth Labson Freeman issued the order.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Chinitz v. Intero Real Estate Services · No. 5:18-cv-05623
Judge
Beth Freeman
Date
Mar. 25, 2021

Background

Defendant Intero Real Estate Services filed an amended motion to seal part of Exhibit B to the supplemental declaration of Craig L. Davis. Plaintiff Ronald Chinitz did not oppose the motion.

Legal standard

The court stated that judicial records are generally available for public inspection. Documents more than tangentially related to the merits of a case may be sealed only upon a showing of “compelling reasons,” while documents only tangentially related to the merits may be sealed upon a showing of “good cause.” The court also noted that sealing requests must be narrowly tailored and supported by a declaration establishing that the material is sealable under the Northern District of California’s local rules.

Discussion

The court explained that documents containing commercially sensitive information may be sealable. After reviewing the motion and Davis’s supporting declaration, the court found compelling reasons to seal certain portions of Exhibit B. It determined that the proposed redactions were generally narrowly tailored and that the identified material contained proprietary, nonpublic, and competitively sensitive details.

Disposition

The court granted Defendant’s motion to file portions of Exhibit B under seal. The table in the order identifies the business-records exhibit and the highlighted portions at LNO00001–000007 and LNO000024–000029 as the material covered by the sealing ruling.

The authoritative version

Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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