`
`
`
`
`
`
`
`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF CALIFORNIA
`
` Case No.: 17-cv-183-CAB-BGS
`
`ORDER GRANTING JOINT
`MOTION TO FILE UNDER SEAL
`EXHIBITS TO JOINT STATEMENT
`RE FURTHER RELIEF
`
`[ECF 901]
`
`Plaintiff,
`
`v.
`ESET, LLC and ESET SPOL. SR.O.,
`Defendants.
`
`FINJAN, LLC.,
`
`
`
`
`
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`Before the Court is the parties’ Joint Motion to File Under Seal Exhibits to Joint
`Statement Re Further Relief. (ECF 901). It seeks to file five exhibits that were submitted
`in support of the parties’ Joint Statement (ECF 903) under seal—Exhibits 1, 2, and 3 to
`the Declaration of Nicola A. Pisano (“Pisano Decl.”) and Exhibits A and B to the
`Declaration of Nicole Williams (“Williams Decl.”). (ECF 901.) The Joint Statement these
`exhibits were filed in support of, and other exhibits were filed publicly. (ECF 903.)
`Because the documents the parties seek to file under seal were filed in support of
`briefing on a discovery dispute, their request to file under seal is subject to a showing of
`good cause. See Kamankana v. City and Cnty. of Honolulu, 447 F.3d 1172, 1179-80 (9th
`Cir. 2003) (distinguishing between filing documents under seal in support of a non-
`
`1
`
`17-cv-183-CAB-BGS
`
`
`
`Case 3:17-cv-00183-CAB-BGS Document 905 Filed 04/03/23 PageID.41014 Page 2 of 2
`
`
`
`dispositive discovery motion, subject to good cause, and filing documents under seal in
`support of a dispositive motion, subject to compelling reasons standard); see also Foltz v.
`State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1135-37 (9th Cir. 2003).
`In support of sealing these exhibits, counsel for Finjan has submitted a declaration.
`(Decl. of K. Nicole Williams in Support of Parties’ Joint Motion to File Documents
`Under Seal (“Williams Decl. in Support of Sealing”) [ECF 901-1].) The declaration
`explains that Exhibits 1-3 contain highly sensitive business information such as non-
`public financial figures as well as licensing, acquisition, and litigation strategy, and
`Exhibits A and B contain highly sensitive financial figures and confidential agreement
`terms. (Id. ¶¶ 4-5.) Counsel also explains that these exhibits are confidentially
`maintained by Finjan in its regular course of business and that their public disclosure
`could harm Finjan’s business and competitive positions. (Id. ¶ 6.) Additionally, the Court
`has reviewed the exhibits.
`Based on the foregoing, the Court finds good cause to GRANT the Joint Motion.
`The Clerk shall file these exhibits under seal.
`
`
`IT IS SO ORDERED.
`Dated: April 3, 2023
`
`
`
`
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`2
`
`17-cv-183-CAB-BGS
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
