Wisk Aero LLC v. Archer Aviation Inc.

Background

Archer filed an administrative motion asking whether Exhibit 1 to its unilateral discovery letter brief should be filed under seal. Exhibit 1 contained Wisk’s objections and responses to four of Archer’s interrogatories. Wisk had designated the documents as “Highly Confidential—Attorneys Eyes Only” under the parties’ protective order.

The court had already denied the discovery letter brief itself and addressed only the sealing motion in this order. Wisk filed the required response, stating that it sought to seal only two lines describing details of one alleged trade secret. Wisk’s counsel also identified portions referring to information Archer had designated confidential or highly confidential. Archer did not file a response to that declaration.

Legal standard

Court records generally carry a strong presumption of public access. For records attached to non-dispositive motions—motions that do not decide the parties’ claims—the Ninth Circuit generally allows sealing upon a showing of “good cause.” The court applied that standard because the material was attached to a discovery motion unrelated to the merits of the case. The party seeking secrecy must identify the interests supporting sealing, explain the harm from disclosure, and consider less restrictive alternatives, such as redaction.

Ruling

The court found that Wisk showed good cause to seal the two lines describing details of its alleged trade secret. The court therefore granted Archer’s motion only as to Docket No. 248-1 at ECF page 6, lines 1–2. It denied the motion otherwise. The conclusion states that Archer’s Administrative Motion to Consider Whether Another Party’s Material Should Be Sealed was granted in part and denied in part.