WhatsApp Inc. v. NSO Group Technologies Limited
- Phyllis Hamilton
- 4:19-cv-07123
- U.S. District Court · Northern District of California
- 2
In WhatsApp v. NSO Group, Judge Hamilton granted sealing motions and rescheduled hearings on defendants’ protective-order and dismissal motions.
The parties and the briefs, declarations, and exhibits covered by the sealing motions were affected. The defendants’ protective-order and dismissal motions were scheduled for an in-person hearing on October 19, 2023.
What happened
WhatsApp Inc. v. NSO Group Technologies Limited involved multiple requests to keep briefs, declarations, and exhibits from public view while other motions remained pending.
The court found that the parties’ stated need for sealing, related to complying with orders from an Israeli court, met the required “good cause” standard at this stage. It granted the motions to seal and moved the hearing on the defendants’ motion to dismiss from October 26 to October 19, 2023; the court will hear that motion and the protective-order motion in person.
Judge Phyllis J. Hamilton did not decide the motion to dismiss or the motion for a protective order in this order. She granted the sealing motions and said the court would later reconsider whether continued sealing meets the stricter “compelling reasons” standard.
The detailed version
- WhatsApp Inc. v. NSO Group Technologies Limited · No. 4:19-cv-07123
- Phyllis Hamilton
- Sept. 14, 2023
What the order addressed
The parties filed numerous motions to seal briefs, declarations, and exhibits. The court stated that the claimed basis for each motion was the same and related to the parties’ efforts to comply with orders issued by an Israeli court.
Sealing ruling
The court concluded, based on the representations in the supporting declarations, that the parties’ claimed basis for sealing satisfied the “good cause” standard applicable at this stage of the litigation. The court therefore granted the motions to seal. It stated that, later in the litigation, it would reevaluate whether continued sealing was justified under the stricter “compelling reasons” standard.
Hearing schedule
The defendants had also filed a motion for a protective order and a motion to dismiss. The motion to dismiss had been set for a hearing on October 26, 2023. Because the court was unavailable that day, the court advanced the hearing to October 19, 2023, at 10:00 a.m. The hearing will be held in person, and the court will hear arguments on both motions.
Result
Judge Phyllis J. Hamilton granted the motions to seal and rescheduled the hearing. This order did not state a ruling on the motion for a protective order or the motion to dismiss.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.