Juniper Networks Inc. v. Swarm Technology LLC

Background

Juniper filed an initial notice seeking to file under seal documents obtained during discovery that Swarm had designated confidential under the case’s protective order. The documents were associated with Juniper’s opposition to Swarm’s motion to dismiss for lack of personal jurisdiction.

Sealing standard

The court explained that judicial records are generally public and that the public has a strong presumptive right of access to them. A party seeking to seal records must provide specific factual reasons showing that the need for secrecy outweighs the policies favoring disclosure. General claims of possible competitive or commercial harm, and a confidentiality designation under a protective order, are not enough by themselves.

Ruling

Swarm did not file the required declaration or any other response explaining why the documents should remain sealed. The court therefore found that Swarm had not carried its burden under Civil Local Rule 79-5 and that nothing showed Swarm might be harmed by public disclosure. The court ordered Juniper to file unredacted versions of its opposition to the motion to dismiss and the supporting exhibits on the court’s electronic filing system within seven days of the order.