Chung v. Intellectsoft Group Corporation

Background

The court considered Defendants’ administrative motions to seal two filings supporting their motion for summary judgment: the Declaration of David S. Howell, identified as ECF No. 177, and Exhibit 1 to the Declaration of Artem Kozel, identified as ECF No. 181.

Legal standard

The court explained that a party seeking to seal a court filing must comply with Civil Local Rule 79-5 and overcome the strong presumption favoring public access to judicial records. For records attached to dispositive motions, such as summary-judgment motions, the party must show compelling reasons that outweigh the public’s right to view the records. The local rule also requires an explanation of the legitimate basis for sealing, why a less restrictive alternative would not be sufficient, supporting evidence when necessary, and a narrowly tailored proposed order.

Ruling

The court found compelling reasons to seal both filings. It noted that the Howell declaration discussed information the court had previously allowed Defendants to seal. The court also found that Exhibit 1 to the Kozel declaration contained confidential and sensitive business information that warranted sealing. The court therefore granted Defendants’ administrative motions to seal the Howell declaration and Exhibit 1 to the Kozel declaration.