Case 2:22-cv-00209-GW-MRW Document 179 Filed 04/24/24 Page 1 of 5 Page ID #:3196
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`HUESTON HENNIGAN LLP
`Robert N. Klieger, State Bar No. 192962
`rklieger@hueston.com
`Vicki Chou, State Bar No. 248598
`vchou@hueston.com
`523 West 6th Street, Suite 400
`Los Angeles, CA 90014
`Telephone: (213) 788-4340
`Facsimile:
`(888) 775-0898
`
`Attorneys for Plaintiffs
`KRAFTON, INC, and KRAFTON AMERICAS,
`INC (f/k/a PUBG SANTA MONICA, INC.)
`
`UNITED STATES DISTRICT COURT
`CENTRAL DISTRICT OF CALIFORNIA,
`WESTERN DIVISION
`
`Case No. 2:22-cv-00209-GW-MRW
`
`PLAINTIFFS’ APPLICATION FOR
`LEAVE TO FILE UNDER SEAL IN
`CONNECTION WITH THE JOINT
`STATUS REPORT RE SINGAPORE
`ARBITRATION TRIBUNALS FINAL
`AWARD
`
`Judge: Hon. George H. Wu
`
`Complaint Filed: January 10, 2022
`
`KRAFTON, INC. and KRAFTON
`AMERICAS, INC. (F/K/A PUBG
`SANTA MONICA, INC.),
`
`Plaintiff,
`
`vs.
`
`APPLE INC., GOOGLE, LLC,
`YOUTUBE LLC, SEA LIMITED,
`MOCO STUDIOS PRIVATE
`LIMITED (F/K/A GARENA
`INTERNATIONAL | PRIVATE
`LIMITED), and GARENA ONLINE
`PRIVATE LIMITED,
`
`Defendants.
`
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`APPLICATION FOR LEAVE TO FILE UNDER SEAL
`CASE NO. 2:22-cv-00209-GW-MRW
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`

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`Case 2:22-cv-00209-GW-MRW Document 179 Filed 04/24/24 Page 2 of 5 Page ID #:3197
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`TO THE COURT, DEFENDANTS, AND THEIR ATTORNEYS OF RECORD:
`
`NOTICE IS HEREBY GIVEN that, pursuant to Local Rule 79-5, Plaintiffs
`Krafton, Inc, and Krafton Americas, Inc, (“collectively, “Krafton”), file this
`Application and the Declaration of Vicki Chou (the “Chou Declaration”) in support of
`sealing the following documents and references to such documents, provisionally
`under seal by Krafton in connection with the Joint Status Report in Advance of April
`29, 2024 Status Conference (the “Status Report”).
`
`
`Document
`Joint Status Report in Advance of April
`29, 2024 Status Conference
`Status Report, Exhibit A
`
`Portion to be Sealed
`Pages 2:12-18; 3:8-24; 4:1-2; 4:10.
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`Entirety.
`
`
`Krafton brings this application as required by the Local Rules of this district.
`
`Krafton seeks to file Exhibit A to the Status Report and references to this exhibit within
`the Status Report under seal because they contain information required to be kept
`confidential under the Rules of the Singapore International Arbitration Centre
`(“SIAC” and the “SIAC Rules”). This Court has already ordered other materials from
`this arbitration proceeding to be sealed. See ECF 48, 78, 100, 117, 118.
`Pursuant to Local Rule 79-5.2.2(b), Krafton submits the Chou Declaration,
`identifying the materials designated as confidential and the Designating Party. Counsel
`for Plaintiff conferred with counsel for Defendants prior to this filing. Counsel for
`Defendants have indicated that they do not oppose sealing these materials.
`I.
`IDENTITY OF DESIGNATING PARTY
`The confidential information belongs to Krafton, and thus Krafton is both the
`Filing Party and the Designating Party for this motion. See L.R. 79-5.2.2(a).
`//
`//
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`APPLICATION FOR LEAVE TO FILE UNDER SEAL
`CASE NO. 2:22-cv-00209-GW-MRW
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`Case 2:22-cv-00209-GW-MRW Document 179 Filed 04/24/24 Page 3 of 5 Page ID #:3198
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`II. LEGAL STANDARD
`
`In evaluating a motion to seal documents filed with the court, the district court
`must “weigh[] the interests advanced by the parties in the light of the public interest
`and the duty of the courts.” Nixon v. Warner Commc’n, Inc., 435 U.S. 589, 602 (1978).
`A party seeking to file documents under seal for dispositive motions bears the
`burden of overcoming the strong presumption in favor of access to court records by
`articulating compelling reasons supported by specific facts, but for documents attached
`to non-dispositive motions, a lower standard applies, as the party must show “good
`cause.” Compare Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1135 (9th
`Cir. 2003) (stating the dispositive motion standard), with Phillips v. Gen. Motors
`Corp., 307 F.3d 1206, 1213 (9th Cir. 2002) (stating the “good cause” standard). Under
`the “good cause” standard, “a ‘particularized showing,’ . . . will ‘suffice[] to warrant
`preserving the secrecy of sealed discovery material attached to non-dispositive
`motions’.” Kamakana v. City & Cnty. of Honolulu, 447 F.3d 1172, 1180 (9th Cir.
`2006). As the court in Kamakana noted, “the public has less of a need for access to
`court records attached only to non-dispositive motions because those documents are
`often ‘unrelated, or only tangentially related, to the underlying cause of action’.”
`Kamakana, 447 F.3d at 1179 (quoting Seattle Times Co. v. Rhinehart, 467 U.S. 20, 33
`(1984)).
`III. THERE IS “GOOD CAUSE” TO SEAL THE UNREDACTED VERSION
`OF EXHIBIT A
`Krafton seeks to seal the entirety of the SIAC‘s Final Award, which is attached
`as Exhibit A to the Joint Status Report and was requested by the Court in advance of
`the April 29, 2024 status conference. ECF 178. The Final Award is the type of
`information that the Court already has ordered be filed under seal. See ECF 48, 78,
`100, 117, 118. As set forth below, Krafton has met the “good cause” standard to seal
`this document and references thereto.
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`Courts in the Ninth Circuit allow parties to file information under seal when
`
`required by the relevant rules or orders of an arbitration panel. See Golden Boy
`Promotions, Inc. v. Top Rank, Inc, 2011 WL 686362, at *2 (D. Nev. Feb. 17, 2011);
`Mastronardi Int’l Ltd. v. Sunselect Produce (California), Inc., 2020 WL 469351, at *2
`(E.D. Cal. Jan. 29, 2020) (“Applying the compelling reasons standard here, the Court
`concludes that sealing is warranted. This is largely because the Canadian arbitration
`rules require confidentiality.”). Courts similarly have granted applications to seal
`motions to compel and supporting material in their entirety where the motion is “based
`on a clause contained in a confidential agreement between the parties,” and where the
`parties are obligated to adhere to the agreement’s confidentiality requirements. FeeDx
`Holding Inc. v. Hayday Farms Inc., 2017 WL 11632844, at *3 (C.D. Cal. June 6,
`2017); see also Golden Boy Promotions, Inc. v. Top Rank, Inc., 2011 WL 686362, at
`*2 (D. Nev. Feb. 17, 2011) (finding the “compelling reasons” standard to be met where
`the application to seal unredacted copies of pleadings related to a motion to compel
`arbitration was “supported by the fact that the agreement itself contain[ed] a
`confidentiality provision and that the arbitrator ordered the parties to keep the details
`of the agreement confidential”).
`Pursuant to SIAC Rules 39.1 and 39.3, Krafton is obligated to maintain the
`confidentiality of non-public information that is filed, submitted, or issued in the
`parties’ arbitration proceedings. See Chou Decl. ¶ 3. Krafton’s application is made in
`order to comply with the strict confidentiality requirements of the SIAC Rules and the
`parties’ agreement to keep documents from the prior and current arbitration
`proceedings confidential. Id. Further, Krafton’s application is made to comply with
`this Court’s prior orders granting the parties’ application to seal material associated
`with the Parties’ current arbitration proceeding. See ECF 48, 78, 100, 117, 118.
`//
`//
`//
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`Case 2:22-cv-00209-GW-MRW Document 179 Filed 04/24/24 Page 5 of 5 Page ID #:3200
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`IV. THERE IS “GOOD CAUSE” TO SEAL CONFIDENTIAL
`
`INFORMATION REFERENCED IN THE STATUS REPORT
`Krafton also seeks leave to file information that Krafton and defendant Garena
`cite in the Status Report under seal, as the information is similar to material from the
`SIAC materials that the Court already ordered to be sealed. The parts of the Status
`Report that Krafton seeks to file under seal extensively reference or quote from the
`Final Award, which, as discussed above, the SIAC Rules 39.1 and 39.3 oblige Krafton
`to maintain the confidentiality of the Final Award. This is substantially similar to ECF
`48, 78, 100, 117, and 118. Good cause exists for the Court to seal the portions of the
`Status Report to comply with Krafton’s obligations under the SIAC Rules. See Golden
`Boy Promotions, Inc., 2011 WL 686362, at *2; Mastronardi Int’l Ltd., 2020 WL
`469351, at *2.
`V. CONCLUSION
`For the foregoing reasons, Krafton respectfully requests that this Court grant its
`Application to File Under Seal (1) Exhibit A to the Status Report, and (2) references
`to the Final Report mentioned in the Status Report.
`
`Dated: April 24, 2024
`
`Respectfully submitted,
`
`HUESTON HENNIGAN LLP
`
`By:
`Vicki Chou
`Attorneys for Plaintiffs
`KRAFTON, INC, and KRAFTON
`AMERICAS, INC (f/k/a PUBG
`SANTA MONICA, INC.)
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`APPLICATION FOR LEAVE TO FILE UNDER SEAL
`CASE NO. 2:22-cv-00209-GW-MRW
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