The Upper Deck Company v. Pixels.com, LLC

CourtDistrict Court, S.D. California
DecidedJuly 28, 2025
Docket3:24-cv-00923
StatusUnknown

This text of The Upper Deck Company v. Pixels.com, LLC (The Upper Deck Company v. Pixels.com, LLC) is published on Counsel Stack Legal Research, covering District Court, S.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
The Upper Deck Company v. Pixels.com, LLC, (S.D. Cal. 2025).

Opinion

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8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10

11 THE UPPER DECK COMPANY, Case No. 24-cv-0923-BAS-DEB 12 Plaintiff, ORDER GRANTING IN PART AND 13 DENYING IN PART PARTIES’ v. MOTIONS TO SEAL 14 (ECF Nos. 75, 78, 81, 88, 91, 95, 97, 102, 107) 15 PIXELS.COM, LLC, 16 Defendant. 17

18 Before the Court are nine motions by the Parties to file documents under seal. (ECF 19 Nos. 75, 78, 81, 88, 91, 95, 97, 102, 107.) Plaintiff The Upper Deck Company (“Upper 20 Deck”) seeks leave to file under seal portions of its Motion for Summary Adjudication 21 (ECF No. 81), its Opposition to Defendant’s Motion for Summary Judgment (ECF No. 91), 22 its Reply in support of its Motion for Summary Adjudication (ECF No. 95), and its 23 Opposition to Defendant’s Motion to Exclude the Testimony of Christian Tregillis (ECF 24 No. 102). 25 Defendant Pixels.com (“Pixels”) seeks leave to file under seal portions of its Motion 26 for Summary Judgment (ECF No. 75), its Motion to Exclude (ECF No. 78), its Opposition 27 to Plaintiff’s Motion for Summary Adjudication (ECF No. 88), its Reply in support of its 28 1 Motion for Summary Judgment (ECF No. 97), and its Reply in support of its Motion to 2 Exclude (ECF No. 107). All nine motions to seal are unopposed. 3 For the reasons stated below, the Court GRANTS IN PART and DENIES IN 4 PART the motions to seal portions of (1) Defendant’s Motion to Exclude; (2) Plaintiff’s 5 Motion for Summary Adjudication; and (3) Plaintiff’s Opposition to Defendant’s Motion 6 for Summary Judgment. (ECF Nos. 78, 81, 91.) The Court DENIES the motions to seal 7 portions of (1) Defendant’s Motion for Summary Judgment; (2) Defendant’s Opposition to 8 Plaintiff’s Motion for Summary Adjudication; (3) Plaintiff’s Reply in support of its Motion 9 for Summary Adjudication; (4) Defendant’s Reply in support of its Motion for Summary 10 Judgment; (5) Plaintiff’s Opposition to Defendant’s Motion to Exclude; and 11 (6) Defendant’s Reply in support of its Motion to Exclude. (ECF Nos. 75, 88, 95, 97, 102, 12 107.) 13 I. LEGAL STANDARD 14 “[T]he courts of this country recognize a general right to inspect and copy public 15 records and documents, including judicial records and documents.” Nixon v. Warner 16 Commc’ns, Inc., 435 U.S. 589, 597 (1978). “Unless a particular court record is one 17 ‘traditionally kept secret,’ a ‘strong presumption in favor of access’ is the starting point.” 18 Kamakana v. City & Cnty. of Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006) (citing Foltz 19 v. State Farm Mut. Auto Ins. Co., 331 F.3d 1122, 1135 (9th Cir. 2003)). “The presumption 20 of access is ‘based on the need for federal courts, although independent—indeed, 21 particularly because they are independent—to have a measure of accountability and for the 22 public to have confidence in the administration of justice.’” Ctr. for Auto Safety v. Chrysler 23 Grp., LLC, 809 F.3d 1092, 1096 (9th Cir. 2016) (quoting United States v. Amodeo, 71 F.3d 24 1044, 1048 (2d Cir. 1995)). 25 A party seeking to seal a judicial record bears the burden of overcoming the strong 26 presumption of access. Foltz, 331 F.3d at 1135. The showing required to meet this burden 27 depends upon whether the documents to be sealed relate to a motion that is “more than 28 tangentially related to the merits of the case.” Ctr. for Auto Safety, 809 F.3d at 1101. When 1 the underlying motion is more than tangentially related to the merits, the “compelling 2 reasons” standard applies. Id. at 1096–98. When the underlying motion does not surpass 3 the tangential relevance threshold, the “good cause” standard applies. Id. 4 “In general, ‘compelling reasons’ sufficient to outweigh the public’s interest in 5 disclosure and justify sealing court records exist when such ‘court files might have become 6 a vehicle for improper purposes,’ such as the use of records to gratify private spite, promote 7 public scandal, circulate libelous statements, or release trade secrets.” Kamakana, 447 8 F.3d at 1179 (quoting Nixon, 435 U.S. at 598). As to this last category, courts have been 9 willing to seal court filings containing confidential business material, “such as marketing 10 strategies, product development plans, licensing agreements, and profit, cost, and margin 11 data,” where the parties have been able to point to concrete factual information to justify 12 sealing. See, e.g., Cohen v. Trump, No. 13-cv-2519-GPC-WVG, 2016 WL 3036302, at *5 13 (S.D. Cal. May 27, 2016). However, “[t]he mere fact that the production of records may 14 lead to a litigant’s embarrassment, incrimination, or exposure to further litigation will not, 15 without more, compel the court to seal its records.” Kamakana, 447 F.3d at 1179. 16 Similarly, it is not enough to “mention[] a general category of privilege, without any further 17 elaboration or any specific linkage with the documents.” Id. at 1184. A blanket protective 18 order is not itself sufficient to show “good cause,” let alone compelling reasons, for sealing 19 particular documents. See Foltz, 331 F.3d at 1133; San Jose Mercury News, Inc. v. U.S. 20 Dist. Ct., N. Dist., 187 F.3d 1096, 1103 (9th Cir. 1999). The decision to seal documents is 21 “one best left to the sound discretion of the trial court” upon consideration of the “relevant 22 facts and circumstances of the particular case.” Nixon, 435 U.S. at 599. 23 In addition, parties moving to seal documents must comply with the procedures set 24 forth in this Court’s Standing Order for filing documents under seal. See Standing Order 25 of the Hon. Cynthia Bashant for Civil Cases § 5. These procedures limit sealing to “only 26 those documents, or portions thereof, necessary to protect such sensitive information.” Id. 27 Thus, although sometimes it may be appropriate to seal a document in its entirety, 28 whenever possible, a party must redact. See Kamakana, 447 F.3d at 1183 (noting a 1 preference for redactions so long as they “have the virtue of being limited and clear”); 2 Murphy v. Kavo Am. Corp., No. 11-cv-00410-YGR, 2012 WL 1497489, at *2–3 (N.D. Cal. 3 Apr. 27, 2012) (denying motion to seal exhibits but directing parties to redact confidential 4 information). 5 II. ANALYSIS 6 Plaintiff’s and Defendant’s motions to seal are filed in connection with Plaintiff’s 7 Motion for Summary Adjudication, Defendant’s Motion for Summary Judgment, and 8 Defendant’s Motion to Exclude. Because a motion for summary judgment or adjudication 9 is more than tangentially related to the merits of the underlying dispute, the relevant 10 motions to seal are subject to the “compelling reasons” standard. Kamakana, 447 F.3d at 11 1179. Similarly, evidentiary motions, including motions to exclude expert witnesses, are 12 often “strongly correlative to the merits of a case” and warrant the application of the 13 “compelling reasons” standard. Ctr. for Auto Safety, 809 F.3d at 1100. Accordingly, the 14 Court reviews each motion in light of this standard and for whether the motion to seal is 15 sufficiently tailored. Upon review, several common threads lead the Court to deny most 16 of the Parties’ motions. The Court will address each issue in turn. 17 A. Denied Motions to Seal 18 1. Defendant Must Publicly File Copies of the Documents with 19 Proposed Redactions 20 In support of its motion to seal, the moving party must lodge a sealed, unredacted 21 proposed document and file a copy of the document with the party’s proposed redactions 22 on the public docket.

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