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U.S. Federal District Courts
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N.D. Cal.Procedural orderFiled Oct. 3, 2023

Skillz Platform Inc. v. AviaGames Inc.

Judge
Beth Freeman
Docket
5:21-cv-02436
Court
U.S. District Court · Northern District of California
Pages
3
Civil Procedure
In one sentence

In Skillz Platform v. AviaGames, Judge Freeman denied AviaGames’s sealing motion without prejudice because Skillz did not support its confidentiality designation.

Who this affects

AviaGames’s sealing motion was denied, while Skillz was given 10 days to file a statement or declaration supporting sealing of the designated material.

What happened

In Skillz Platform Inc. v. AviaGames Inc., AviaGames asked the court to consider sealing material that Skillz had designated highly confidential in a filing about correcting the record.

The court said the request was subject to the lower “good cause” standard because the filing was only indirectly related to the case’s merits. Skillz had not filed the required statement or declaration supporting continued sealing.

Judge Beth Labson Freeman denied AviaGames’s motion without prejudice. Skillz may file supporting materials within 10 days of the order.

The detailed version

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

Case
Skillz Platform Inc. v. AviaGames Inc. · No. 5:21-cv-02436
Judge
Beth Freeman
Date
Oct. 3, 2023

Background

AviaGames filed an administrative motion asking the court to consider whether material designated as highly confidential by Skillz should remain sealed in AviaGames’s response to Skillz’s notice to correct the record.

Legal standard

The court explained that filings more than tangentially related to a case’s merits may be sealed only for “compelling reasons,” while filings only tangentially related to the merits may be sealed upon a showing of “good cause.” The court applied the good-cause standard because the filing concerned a notice to correct the record and was only tangentially related to the merits.

Under Civil Local Rule 79-5(f), when a party seeks to seal material because another party designated it confidential, the party that made the designation must file a statement or declaration supporting sealing within seven days. Failure to do so may result in unsealing without further notice.

Court’s ruling

As of the order, Skillz had not filed the required supporting statement or declaration. The court therefore denied AviaGames’s administrative motion to consider whether Skillz’s material should be sealed. The denial was without prejudice, and Skillz was allowed to file a supporting statement within 10 days of the order.

The authoritative version

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

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