Skillz Platform Inc. v. AviaGames Inc.
- Beth Freeman
- 5:21-cv-02436
- U.S. District Court · Northern District of California
- 4
In Skillz Platform v. AviaGames, Judge Freeman denied Skillz’s sealing motion without prejudice because AviaGames had not filed required supporting materials.
Skillz’s request to seal the identified materials was denied without prejudice. AviaGames may file a supporting statement or declaration within 10 days to seek sealing again.
What happened
Skillz Platform Inc. asked the court to seal its notice correcting the record and several exhibits because AviaGames Inc. had labeled the materials highly confidential.
The court applied a lower standard because the filing was only loosely connected to the case’s merits. AviaGames had not filed the required statement or declaration supporting continued sealing.
Judge Freeman denied Skillz’s motion without prejudice. AviaGames may file supporting materials within 10 days to seek sealing again.
The detailed version
- Skillz Platform Inc. v. AviaGames Inc. · No. 5:21-cv-02436
- Beth Freeman
- Oct. 2, 2023
Background
Skillz Platform Inc. filed an administrative motion concerning whether another party’s material should be sealed in connection with Skillz’s notice to correct the record. Skillz identified the notice and related exhibits as containing information that AviaGames Inc. had designated as highly confidential.
Legal standard
The court explained that judicial records connected more than tangentially to a case’s merits generally may be sealed only for compelling reasons. Materials only tangentially related to the merits may be sealed on a showing of good cause. The court determined that Skillz’s notice to correct the record was only tangentially related to the merits, so it applied the good-cause standard.
Under Civil Local Rule 79-5(f), when a party seeks to seal material because another party designated it confidential, the designating party must file a statement or declaration supporting sealing within seven days. A failure to do so may result in unsealing the provisionally sealed material without further notice.
Ruling
As of the order, AviaGames had not filed the required supporting statement or declaration. The court therefore denied sealing for the entire documents identified as ECF Nos. 255-4, 255-5, 255-6, 255-7, 255-8, and 255-9. The order states that these denials were without prejudice to AviaGames filing a supporting statement or declaration within 10 days. The court also noted that any redactions must be narrowly tailored.
The court denied Skillz Platform Inc.’s administrative motion without prejudice.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.