District courts possess broad discretion to grant protective orders upon a showing of good cause under Rule 26(c).
After a district court ordered the release of confidential settlement information to a newspaper intervenor, the defendant appealed, arguing the court applied incorrect legal standards. The court held that under Rule 26(c), a party seeking a protective order must demonstrate good cause by showing specific prejudice or harm that will result if no order is granted. Broad allegations of harm without specific examples do not satisfy this requirement. Furthermore, the court determined that when a party attaches a sealed discovery document to a nondispositive motion, the common law presumption of public access is rebutted, requiring the party seeking disclosure to present compelling reasons for its release.
At page 1210 Burden of proof for protective orders in discovery172 citing cases“for good cause to exist, the party seeking protection bears the burden of showing specific prejudice or harm will result if no protective order is granted.”
- Razaghi v. Razaghi Dev. Co., No. 2:18-cv-01622 (D. Nev. Oct. 15, 2024).(the party seeking protection bears the burden of 7 showing specific prejudice or harm will result if no protective order is granted.)
- Wealthy Inc. v. Cornelia, No. 2:21-cv-01173 (D. Nev. Apr. 24, 2023).(For good 7 cause to exist, the party seeking protection bears the burden of showing specific prejudice or harm 8 will result if no protective order is granted.)
- Wealthy Inc. v. Cornelia, No. 2:21-cv-01173 (D. Nev. Apr. 11, 2023).(For good cause to exist, the party seeking 7 protection bears the burden of showing specific prejudice or harm will result if no protective order 8 is granted.)
- McDonald's Corp. v. Circa Hosp. Grp. II LLC, No. 2:23-cv-00384 (D. Nev. Mar. 15, 2023).(For good 4 cause to exist, the party seeking protection bears the burden of showing specific prejudice or harm 5 will result if no protective order is granted.)
- Edwards Vacuum LLC v. Hoffman Instrumentation Supply, Inc., No. 3:20-cv-01681 (D. Or. Jan. 19, 2021).(Generally, the public can gain access to litigation documents and information produced during discovery unless the party opposing disclosure shows ‘good cause’ why a protective order is necessary.)
- Eden Env't Citizen's Grp., LLC v. California Cascade Bldg. Materials, Inc., No. 2:19-cv-01936 (E.D. Cal. May 21, 2020).(Generally, the public cai 5 || gain access to litigation documents and information produced during discovery unless the party 6 || opposing disclosure shows ‘good cause’ why a protective order is necessary.)
- Demissie, No. 2:25-cv-00504 (D. Nev. Dec. 3, 2025).(For good cause to exist, the party seeking 5 protection bears the burden of showing specific prejudice or harm will result if no protective order 6 is granted.)
- Simons v. QuikTrip Corp., No. 4:22-cv-00186 (D. Ariz. Sept. 9, 2022).([P]arty seeking protection bears the burden of showing specific 9 prejudice or harm will result if no protective order is granted.)
- Integrity Bus. Partners, LLC v. DB Asset Grp., LLC, No. 2:21-cv-01187 (E.D. Cal. Dec. 27, 2021).(Generally, the public can gain access to litigation documents and information 8 produced during discovery unless the party opposing disclosure shows ‘good cause’ why a 9 protective order is necessary.)
- Ward v. Home Depot U.S.A. Inc., No. 2:20-cv-01571 (E.D. Cal. Nov. 10, 2021).(Generally, the public can gain access to litigation documents and 6 || information produced during discovery unless the party opposing disclosure shows ‘good cause’ 7 || why a protective order is necessary.)
Show 162 more citing cases
- Hillman, III v. Union Pac. R.R. Co., No. 2:20-cv-01601 (E.D. Cal. Mar. 10, 2021).(Generally, the 17 public can gain access to litigation documents and information produced during discovery unless 18 the party opposing disclosure shows ‘good cause’ why a protective order is necessary.)
- Bowen v. JEA Senior Living Health & Welfare Benefit Plan, LLC, No. 2:20-cv-02318 (E.D. Cal. Feb. 10, 2021).(Generally, | the public can gain access to litigation documents and information produced during discovery 12 | unless the party opposing disclosure shows ‘good cause’ why a protective order is necessary.)
- FPI Mgmt., Inc. v. Wells Fargo Bank, N.A., No. 2:19-cv-01428 (E.D. Cal. Jan. 4, 2021).(Generally, the 5 || public can gain access to litigation documents and information produced during discovery unless 6 || the party opposing disclosure shows ‘good cause’ why a protective order is necessary.)
- Rodriguez Pacheco v. City of Stockton, No. 2:20-cv-01404 (E.D. Cal. Nov. 18, 2020).(Generally, the 5 public can gain access to litigation documents and information produced during discovery unless 6 || the party opposing disclosure shows ‘good cause’ why a protective order is necessary.)
- Hrones v. Rideout Mem'l Hosp., No. 2:20-cv-00449 (E.D. Cal. Oct. 28, 2020).(Generally, the 5 || public can gain access to litigation documents and information produced during discovery unless 6 || the party opposing disclosure shows ‘good cause’ why a protective order is necessary.)
- Ferrucci v. Bank of Am., NA, No. 2:20-cv-01043 (E.D. Cal. Sept. 30, 2020).(Generally, the 5 || public can gain access to litigation documents and information produced during discovery unless 6 || the party opposing disclosure shows ‘good cause’ why a protective order is necessary.)
- Williams v. Rancho Cordova Police Dept., No. 2:19-cv-02345 (E.D. Cal. Sept. 3, 2020).(Generally, the public can gain access to litigation documents and information produced 6 during discovery unless the party opposing disclosure shows ‘good cause’ why a protective order 7 is necessary.)
- Stolz v. Travelers Com. Ins. Co., No. 2:18-cv-01923 (E.D. Cal. Mar. 10, 2020).(Generally, the 18 public can gain access to litigation documents and information produced during discovery unless 19 the party opposing disclosure shows ‘good cause’ why a protective order is necessary.)
- Meira Davis v. MacuHealth Distrib., Inc., No. 2:19-cv-01947 (E.D. Cal. Feb. 5, 2020).(Generally, the 5|| public can gain access to litigation documents and information produced during discovery unless the party opposing disclosure shows ‘good cause’ why a protective order is necessary.)
- Crowder, No. 4:22-cv-00237 (N.D. Cal. Sept. 4, 2026).Motors, 307 F.3d at 1210-11; Hunt, 2015 WL 11 5355398, at *2; Snapkeys, 2021 WL 1951250 , at *3; Exeltis, 2020 WL 2838812 , at *1-2. 12 Conversely, there is good cause to seal: 4:18-19 13 parenthetical related to -00174719; second clause o…
- Netskope, Inc. v. Fortinet, Inc., No. 4:25-cv-02360 (N.D. Cal. Aug. 18, 2026).Phillips, 307 F.3d at 1210-11. 4 Similarly, Fortinet seeks to seal in its entirety Exhibit 13 to its opposition brief.
- New, No. 3:24-cv-01106 (D. Or. Apr. 30, 2026).Co., 331 F.3d 1122, 1130 (9th Cir. 2003) (citing Phillips, 307 F.3d at 1210-11).
- Salako, No. 2:25-cv-01063 (D. Ariz. Jan. 6, 2026). Good cause exists where 17 “specific prejudice or harm will result if no protective order is granted.” Id. at 1211 (citation 18 modified); see also San Jose Mercury News, Inc. v. United States Dist.
- Aristocrat Tech., Inc. v. Light & Wonder, Inc., No. 2:24-cv-00382 (D. Nev. Nov. 24, 2025).“For good cause to 14 exist, the party seeking protection bears the burden of showing specific prejudice or harm will result if 15 no protective order is granted”
- Doe, No. 2:23-cv-01676 (E.D. Cal. Oct. 8, 2025). Ests. of Byrd, 307 F.3d at 1210.
- Novo Nordisk A/S v. Ikon Health LLC, No. 4:24-cv-05093 (E.D. Wash. June 30, 2025).Motors Corp., 307 F.3d 1206, 1210 (9th Cir. 2002).
- Vladik Bykov v. 7435 - 159th Place, NE, LLC, 385 F. App'x 633 (9th Cir. 2010).unpublished
- United States v. Pollard, Jonathan J., 416 F.3d 48 (D.C. Cir. 2005).published
- In re Violation of Rule 28(d), 635 F.3d 1352 (Fed. Cir. 2011).published
- Yonemoto v. Dep't of Vets. Affairs, 648 F.3d 1049 (9th Cir. 2011).published
- In re Roman Catholic Archbishop of Portland in Or., 661 F.3d 417 (9th Cir. 2011).published
- Rivera v. Nibco, Inc., 364 F.3d 1057 (9th Cir. 2004).published
- Rivera v. NIBCO, Inc., 384 F.3d 822 (9th Cir. 2004).published
- Kamakana v. City & Cnty. of Honolulu, 447 F.3d 1172 (9th Cir. 2006).published
- Midland Nat'l Life Ins. Co. V., No. 11-55369 (9th Cir. July 25, 2012).published
- United States v. Danny Fabricant, No. 09-50657 (9th Cir. Jan. 23, 2013).unpublished
- United States v. Danny Fabricant, 506 F. App'x 636 (9th Cir. 2013).unpublished
- Cnty. of Santa Clara v. Astra USA, Inc., 540 F.3d 1094 (9th Cir. 2008).published
- Comm. for Immigrant Rights v. Cnty. of Sonoma, 644 F. Supp. 2d 1177 (N.D. Cal. 2009).published
- In re Liberate Tech., 314 B.R. 206 (Bankr. N.D. Cal. 2004).published
- In re Roman Catholic Archbishop of Portland, 433 B.R. 833 (D. Or. 2010).published
- In re NHC-Nashville Fire Litig., 293 S.W.3d 547 (Tenn. Ct. App. 2008).published
- Klein v. Nw. Mut. Life Ins., 806 F. Supp. 2d 1120 (S.D. Cal. 2011).published
- Northbrook Digit., LLC v. Vendio Servs., Inc., 625 F. Supp. 2d 728 (D. Minn. 2008).published
- Biovail Labs., Inc. v. Anchen Pharm., Inc., 463 F. Supp. 2d 1073 (C.D. Cal. 2006).published
- Confederated Tribes of Siletz Indians v. Weyerhaeuser Co., 340 F. Supp. 2d 1118 (D. Or. 2003).published
- Klund v. High Tech. Solutions, Inc., 417 F. Supp. 2d 1155 (S.D. Cal. 2005).published
- Baldwin v. United States, 732 F. Supp. 2d 1142 (D. N. Mar. I. 2010).published
- Ervine v. Warden, San Quentin State Prison, 214 F. Supp. 3d 917 (E.D. Cal. 2016).published
- TC/Am. Monorail, Inc. v. Custom Conveyor Corp., 840 N.W.2d 414 (Minn. 2013).published
- Father M v. Various Tort (In re Roman Catholic Archbishop), 657 F.3d 1008 (9th Cir. 2011).published
- Comput. Task Grp., Inc. v. Brotby, 95 F. App'x 881 (9th Cir. 2004).unpublished
- Charter Oak Fire Ins. v. Interstate Mech., Inc., 958 F. Supp. 2d 1188 (D. Or. 2013).published
- McCoy v. Sw. Airlines Co., 211 F.R.D. 381 (C.D. Cal. 2002).published
- O'Connor v. Boeing North Am., Inc., 216 F.R.D. 640 (C.D. Cal. 2003).published
- Contratto v. Ethicon, Inc., 227 F.R.D. 304 (N.D. Cal. 2005).published
- Cadent Ltd. v. 3M Unitek Corp., 232 F.R.D. 625 (C.D. Cal. 2005).published
- Younger Mfg. Co. v. Kaenon, Inc., 247 F.R.D. 586 (C.D. Cal. 2007).published
- Paige v. Consum. Programs, Inc., 248 F.R.D. 272 (C.D. Cal. 2008).published
- Withers v. Eharmony, Inc., 267 F.R.D. 316 (C.D. Cal. 2010).published
- Moe v. Sys. Transp., Inc., 270 F.R.D. 613 (D. Mont. 2010).published
- Anderson v. Marsh, 312 F.R.D. 584 (E.D. Cal. 2015).published
- Hancock v. Aetna Life Ins. Co., 321 F.R.D. 383 (W.D. Wash. 2017).published
- Lake v. City of Vallejo, No. 2:19-cv-01439 (E.D. Cal. Jan. 21, 2020).
- Engberson v. Gen. Motors Co., No. 2:19-cv-01761 (E.D. Cal. Mar. 19, 2020).
- Neasham & Kramer LLP v. Neff, No. 2:19-cv-00565 (E.D. Cal. Feb. 16, 2021).
- Aldredge v. State Farm Mut. Auto. Ins. Co., No. 2:19-cv-01140 (E.D. Cal. June 21, 2021).
- Hunt v. Synchrony Bank, No. 2:20-cv-02021 (E.D. Cal. Apr. 29, 2021).
- Est. of Antonio Thomas v. Cnty. of Sacramento, No. 2:20-cv-00903 (E.D. Cal. July 1, 2021).
- Phillips v. Dollar Tree Distrib., Inc., No. 2:20-cv-01567 (E.D. Cal. July 1, 2021).
- Fite v. Shamrock Foods Co., No. 2:21-cv-00023 (E.D. Cal. Nov. 29, 2021).
- Am. Fire & Cas. Co. v. Ford Motor Co., No. 2:20-cv-00116 (E.D. Cal. Feb. 24, 2022).
- Beatrice Daily v. Ford Motor Co., No. 2:20-cv-00325 (E.D. Cal. Feb. 24, 2022).
- Canterberry v. Siemens Mobility, Inc., No. 2:20-cv-02361 (E.D. Cal. Mar. 3, 2022).
- Marquez v. Moynihan, No. 2:22-cv-00123 (E.D. Cal. Mar. 25, 2022).
- Vogtmann v. Liberty It Solutions, LLC, No. 2:21-cv-01912 (E.D. Cal. Mar. 25, 2022).
- Quilling v. Sacramento Cnty. Prob. Dept., No. 2:20-cv-01552 (E.D. Cal. Apr. 5, 2022).
- Kram v. Nat'l R.R. Passenger Corp., No. 2:20-cv-02177 (E.D. Cal. Apr. 29, 2022).
- Vasquez v. O'Reilly Auto Enter., LLC, No. 1:21-cv-01099 (E.D. Cal. May 24, 2022).
- (PC) Miller v. Soto, No. 1:20-cv-01117 (E.D. Cal. June 15, 2022).
- Smith v. United States, No. 1:22-cv-01032 (E.D. Cal. Aug. 19, 2022).
- (PC) Doe v. Rosa, No. 2:22-cv-01852 (E.D. Cal. Nov. 2, 2022).
- Acevedo v. Russell Cellular, Inc., No. 1:20-cv-01440 (E.D. Cal. Mar. 23, 2023).
- Mironowski v. Ford Motor Co., No. 1:22-cv-00675 (E.D. Cal. Apr. 14, 2023).
- Baird v. BlackRock Institutional Trust Co., No. 4:17-cv-01892 (N.D. Cal. Oct. 16, 2019).
- Napleton Orlando Imports, LLC v. Volkswagen Grp. of Am., Inc., No. 3:16-cv-02086 (N.D. Cal. Dec. 3, 2019).
- Racies v. Quincy Bioscience, LLC, No. 4:15-cv-00292 (N.D. Cal. Jan. 4, 2020).
- Anthony C. Lustig v. AzGen Sci. Holdings PLC, No. 4:18-cv-07503-HSG (N.D. Cal. May 21, 2020).
- Hutchins v. Lizarraga, No. 5:17-cv-03921 (N.D. Cal. Aug. 19, 2020).
- Baird v. BlackRock Institutional Trust Co., No. 4:17-cv-01892 (N.D. Cal. Nov. 12, 2020).
- Spiers v. City & Cnty. of San Francisco, No. 3:20-cv-01357 (N.D. Cal. Feb. 5, 2021).
- Charlotte B Milliner v. Mut. Sec., Inc., No. 4:15-cv-03354-DMR (N.D. Cal. June 28, 2021).
- Rothy's, Inc. v. Birdies, Inc., No. 3:21-cv-02438 (N.D. Cal. Jan. 25, 2022).
- Rodriguez v. Google LLC, No. 3:20-cv-04688 (N.D. Cal. Feb. 10, 2022).
- Erickson Prods. Inc v. Kraig R Kast, No. 4:13-cv-05472 (N.D. Cal. Feb. 10, 2022).
- True Health Chiropractic Inc v. McKesson Corp., No. 4:13-cv-02219 (N.D. Cal. Sept. 23, 2022).
- Alivecor, Inc. v. Apple, Inc., No. 4:21-cv-03958 (N.D. Cal. Oct. 18, 2022).
- Jones v. PGA Tour, Inc., No. 5:22-cv-04486 (N.D. Cal. May 22, 2023).
- Fibrogen, Inc. v. Hangzhou Andao Pharm. LTD., No. 3:22-cv-07148 (N.D. Cal. Sept. 22, 2023).
- LeGrand v. Abbott Labs., No. 3:22-cv-05815 (N.D. Cal. Oct. 16, 2023).
- City of San Mateo v. Argonaut Ins. Co., No. 3:23-cv-02504 (N.D. Cal. Jan. 25, 2024).
- Big Run Studios Inc. v. AviaGames Inc., No. 3:21-cv-04656 (N.D. Cal. Mar. 28, 2024).
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- In re Da Vinci Surgical Robot Antitrust Litig., No. 3:21-cv-03825 (N.D. Cal. Apr. 1, 2024).
- Lin v. Solta Med., Inc., No. 4:21-cv-05062 (N.D. Cal. Apr. 11, 2024).
- In re Da Vinci Surgical Robot Antitrust Litig., No. 3:21-cv-03825 (N.D. Cal. Apr. 17, 2024).
- EpicentRx, Inc. v. Carter, No. 3:20-cv-01058 (S.D. Cal. Dec. 7, 2021).
- Cleveland v. Ludwig Inst. for Cancer Rsch. Ltd, No. 3:19-cv-02141 (S.D. Cal. Feb. 8, 2022).
- Castro v. United States, No. 3:23-cv-00629 (S.D. Cal. May 1, 2023).
- 3D Sys., Inc. v. Wynne, No. 3:21-cv-01141 (S.D. Cal. Mar. 13, 2024).
- Perez v. Acme Universal, Inc., No. 1:12-cv-00008 (D. Guam Aug. 11, 2014).
- Korda v. State of Hawaii Hosp., No. 1:24-cv-00109 (D. Haw. Apr. 22, 2024).
- Wolf v. Idaho State Bd. of Corr., No. 1:18-cv-00264 (D. Idaho Mar. 22, 2021).
- Moore v. Battelle Energy All., LLC, No. 4:21-cv-00230, 2023 WL 1767391 (D. Idaho Feb. 3, 2023).
- Buetenmiller v. Macomb Cnty. Jail, No. 2:20-cv-11031 (E.D. Mich. May 7, 2021).
- Overall v. Oakland Cnty., No. 2:20-cv-12869 (E.D. Mich. Feb. 4, 2022).
- Mancuso v. USAA Sav. Bank, No. 2:20-cv-01656 (D. Nev. Mar. 18, 2021).
- Spurbeck v. Wyndham Worldwide, No. 2:20-cv-00346 (D. Nev. May 26, 2021).
- Walsh v. Unforgettable Coatings, Inc., No. 2:20-cv-00510 (D. Nev. Aug. 9, 2021).
- ABC Indus. Laundry v. Allianz Global Corp. & Speciality, No. 2:21-cv-01029 (D. Nev. Aug. 26, 2021).
- Guillen v. B.J.C.R., L.L.C., No. 3:20-cv-00317 (D. Nev. Mar. 31, 2022).
- T1 Payments LLC v. New U Life Corp., No. 2:19-cv-01816 (D. Nev. May 9, 2022).
- Tasty One, LLC v. Earth Smarte Water, LLC, No. 2:20-cv-01625 (D. Nev. Mar. 9, 2023).
- Pasiecznik v. Home Depot U.S.A., Inc., No. 2:20-cv-02202 (D. Nev. July 20, 2023).
- Hunter v. Legacy Health, No. 3:18-cv-02219 (D. Or. Sept. 30, 2019).
- Evangelista v. Dashow, No. 3:22-cv-00144 (D. Alaska Oct. 25, 2024).
- Galanski v. Wal-Mart Assocs., Inc., No. 1:23-cv-01270, 2024 WL 2701084 (E.D. Cal. May 24, 2024).
- Mills v. Wal-Mart Assocs., Inc., No. 1:23-cv-01273 (E.D. Cal. May 24, 2024).
- Alcantar v. Flagstar Bank, N.A., No. 2:23-cv-01609 (E.D. Cal. June 14, 2024).
- SolarPark Korea Co. v. Solaria Corp., No. 3:23-cv-01181 (N.D. Cal. Aug. 2, 2023).
- Blockchain Innovation, LLC v. Franklin Resources, Inc., No. 3:21-cv-08787 (N.D. Cal. Oct. 3, 2024).
- Sernoffsky v. Novak, No. 3:23-cv-00039 (S.D. Cal. June 21, 2024).
- Spriestersbach v. State of Hawaii, No. 1:21-cv-00456 (D. Haw. June 24, 2024).
- Hawaii Foodservice All., LLC v. Meadow Gold Dairies Hawaii, LLC, No. 1:21-cv-00460 (D. Haw. July 3, 2024).
- Hartnett v. Hardenbergh, No. 3:23-cv-00017 (E.D. Va. Jan. 26, 2024).
- Lutz v. Spokane Reg'l Health Dist., No. 2:22-cv-00028 (E.D. Wash. Apr. 29, 2022).
- Wallace Sr v. Home Depot USA Inc, No. 4:22-cv-05021 (E.D. Wash. June 15, 2022).
- Kim v. Bd. of Trs. of Whitman Coll., No. 4:22-cv-05033 (E.D. Wash. July 28, 2022).
- Raskin v. Ne. Washington All. Counseling Servs., No. 2:22-cv-00232 (E.D. Wash. Oct. 11, 2023).
- Burgess v. Daimler Truck North Am. LLC, No. 1:23-cv-03054 (E.D. Wash. Feb. 2, 2024).
- BGH Holdings, LLC v. DL Evans Bank, No. 2:18-cv-01408 (W.D. Wash. Aug. 28, 2019).
- Hoffman v. Hearing Help Express Inc, No. 3:19-cv-05960 (W.D. Wash. Dec. 22, 2020).
- City of Seattle v. Monsanto Co., No. 2:16-cv-00107 (W.D. Wash. Jan. 12, 2023).
- Rabel v. Univ. of Washington Med. Ctr., No. 2:23-cv-00083 (W.D. Wash. Jan. 18, 2024).
- Wright v. State Farm Fire & Cas. Co., No. 2:23-cv-00179 (W.D. Wash. Dec. 4, 2024).
- Labyrinth, Inc. v. Pickett, No. 3:23-cv-02212 (S.D. Cal. Dec. 21, 2024).
- Amtrust Int'l Underwriters DAC v. 180 Life Sciences Corp., No. 5:22-cv-03844 (N.D. Cal. Jan. 9, 2025).
- YETI Coolers, LLC v. MacSports, Inc., No. 2:24-cv-06783 (C.D. Cal. Jan. 17, 2025).
- Est. of Miguel Chavez v. Santa Ana Police Dep't, No. 8:24-cv-01899 (C.D. Cal. Jan. 21, 2025).
- Epidemic Sound, AB v. Meta Platforms, Inc., No. 3:22-cv-04223 (N.D. Cal. Jan. 30, 2025).
- Pontikis v. Lucid USA Inc., No. 2:22-cv-02061 (D. Ariz. Feb. 28, 2025).
- Pizzuto v. Tewalt, 136 F.4th 855 (9th Cir. 2025).published
- Est. of Aaron D. Stanton v. D.Y.K., No. 3:23-cv-01767 (D. Or. Apr. 10, 2025).
- Jon Anthony Clark v. Freedom Forever LLC, No. 5:24-cv-01903 (C.D. Cal. May 20, 2025).
- Marie v. Pac. Life Ins. Co., No. 4:23-cv-05093 (E.D. Wash. May 22, 2025).
- Bernier v. State Farm Mut. Auto. Ins. Co., No. 4:24-cv-00002 (D. Alaska May 28, 2025).
- Sheikh v. Spinnaker Ins. Co., No. 2:23-cv-01582 (E.D. Cal. June 26, 2025).
- United States ex rel. Davis v. Prince, 753 F. Supp. 2d 561 (E.D. Va. 2010).published
- DNC Parks & Resorts at Yosemite, Inc. v. United States, 127 Fed. Cl. 435 (Fed. Cl. 2016).unpublished
- Baldi Bros, Inc. v. United States, No. 15-1300 (Fed. Cl. Sept. 27, 2016).unpublished
- Verizon California Inc. v. Ronald A. Katz Tech. Licensing, L.P., 214 F.R.D. 583 (C.D. Cal. 2003).published
- Keith H. v. Long Beach Unified Sch. Dist., 228 F.R.D. 652 (C.D. Cal. 2005).published
- Ctr. for Biological Diversity v. United States Dep't of Hous. & Urban Dev., 241 F.R.D. 495 (D. Ariz. 2006).published
- Cabell v. Zorro Prods., Inc., 294 F.R.D. 604 (W.D. Wash. 2013).published
- Est. of Levingston v. Cnty. of Kern, 320 F.R.D. 520 (E.D. Cal. 2017).published
- Tillman v. ESA Mgmt., LLC, No. 2:20-cv-00647 (E.D. Cal. Aug. 21, 2020).
- Kalkhoven v. United States, No. 2:21-cv-01440 (E.D. Cal. Aug. 24, 2021).
- Sutton v. Met Life Ins. Co., No. 2:22-cv-00732 (E.D. Cal. Feb. 23, 2023).
- Lessin v. Ford Motor Co., No. 3:19-cv-01082 (S.D. Cal. Mar. 18, 2024).
- Raner v. Fun Pimps Ent. LLC, No. 3:22-cv-05718 (W.D. Wash. Oct. 4, 2023).
- Corrales v. Cnty. of San Diego, No. 3:23-cv-01468 (S.D. Cal. Sept. 15, 2025).
- Adams, No. 4:21-cv-08545 (N.D. Cal. Nov. 24, 2025).
At page 1213 Rebutting public access presumption for sealed discovery documents98 citing caseswhen a party attaches a sealed discovery document to a nondispositive motion, the usual presumption of the public’s right of access is rebutted
- Reald Spark, LLC v. Microsoft Corp., No. 2:22-cv-00942 (W.D. Wash. Apr. 27, 2023).(when a party attaches a sealed discovery document to a nondispositive motion, the usual 5 presumption of the public's right of access is rebutted)
- Pintos v. Pac. Creditors Ass'n, 605 F.3d 665 (9th Cir. 2010).published (when a party attaches a sealed discovery document to a nondispositive motion, the usual presumption of the public’s right of access is rebutted)
- Pintos v. Pac. Creditors Ass'n, 565 F.3d 1106 (9th Cir. 2009).published (when a party attaches a sealed discovery document to a nondispositive motion, the usual presumption of the public’s right of access is rebutted)
- Pintos v. Pac. Creditors, No. 04-17485 (9th Cir. Apr. 30, 2009).published (when a party attaches a sealed discovery document to a nondisposi- tive motion, the usual presumption of the public’s right of access is rebutted)
- PTP OneClick LLC v. Avalara Inc, No. 2:19-cv-00640 (W.D. Wash. Nov. 21, 2019).“in deciding whether 3 sufficient countervailing interests exist, the courts will look to the public interest in 4 understanding the judicial process. . . .”
- Vesta Corp. v. Amdocs Mgmt. Ltd., 312 F. Supp. 3d 966 (D. Or. 2018).published“in deciding whether sufficient countervailing interests exist, the courts will look to the public interest in understanding the judicial process....”
- In re Roman Catholic Archbishop of Portland in Or., 661 F.3d 417 (9th Cir. 2011).published
- Kamakana v. City & Cnty. of Honolulu, 447 F.3d 1172 (9th Cir. 2006).published
- Baldwin v. United States, 732 F. Supp. 2d 1142 (D. N. Mar. I. 2010).published
- Father M v. Various Tort (In re Roman Catholic Archbishop), 657 F.3d 1008 (9th Cir. 2011).published
Show 88 more citing cases
- Graciani v. Providence Health & Servs., No. 3:18-cv-00087 (D. Alaska Jan. 10, 2020).
- Debbie Foltz, Consum. Action United Policyholders Texas Watch, Intervenors, & Tierney Adamson Kevin Snead Daniel P. Johnson, Intervenors-Appellants. v. State Farm Mut. Auto. Ins. Co., an Illinois Corp. California Inst. of Med. Rsch. & Tech., Inc., a Foreign Corp. Dba Comprehensive Med. Review Ralph Householder Steven Becker v. April Jean Ho Jim Mathis, Plaintiffs-Intervenors. Debbie Foltz, & Tierney Adamson Kevin Snead Daniel P. Johnson, Intervenors-Appellants v. State Farm Mut. Auto. Ins. Co., an Illinois Corp., & California Inst. of Med. Rsch. & Tech., Inc., a Foreign Corp. Dba Comprehensive Med. Review Ralph Householder Steven Becker v. April Jean Ho Jim Mathis, Plaintiffs-Intervenors. Debbie Foltz, April J. Ho Jim Mathis Tierney Adamson Kevin Snead Daniel P. Johnson, Intervenors, & Consum. Action United Policy-Holders Texas Watch, Intervenors-Appellants v. State Farm Mut. Auto. Ins. Co., an Illinois Corp., & Steven Becker, 331 F.3d 1122 (9th Cir. 2003).published
- Ctr. for Auto Saf. v. Chrysler Grp., LLC, 809 F.3d 1092 (9th Cir. 2016).published
- Pintos v. Pac. Creditors Ass'n, 504 F.3d 792 (9th Cir. 2007).published
- California ex rel. Lockyer v. Safeway, Inc., 355 F. Supp. 2d 1111 (C.D. Cal. 2005).published
- Overstock.com, Inc. v. Goldman Sachs Grp., Inc., 231 Cal. App. 4th 471 (Cal. Ct. App. 2014).published
- Pintos v. Pac. Creditors, No. 04-17485 (9th Cir. Sept. 21, 2007).published
- Migliaccio v. Allianz Life Ins. Co. of North Am., 686 F.3d 1115 (9th Cir. 2012).published
- Emess Capital, LLC v. Rothstein, 841 F. Supp. 2d 1251 (S.D. Fla. 2012).published
- CBS Interactive, Inc. v. Etilize, Inc., 257 F.R.D. 195 (N.D. Cal. 2009).published
- Flagg v. City of Detroit, 268 F.R.D. 279 (E.D. Mich. 2010).published
- Takata v. Hartford Comprehensive Emp. Benefit Serv. Co., 283 F.R.D. 617 (E.D. Wash. 2012).published
- Doe v. Kane, No. 1:19-cv-00467 (E.D. Cal. Aug. 9, 2019).
- Vasquez v. Leprino Foods Co., No. 1:17-cv-00796 (E.D. Cal. Nov. 27, 2019).
- C. v. Merced City Sch. Dist., No. 1:19-cv-01188 (E.D. Cal. Feb. 3, 2020).
- Keyes v. Home Depot U.S.A., Inc., No. 1:19-cv-00677 (E.D. Cal. Feb. 6, 2020).
- (PC) Smithee v. California Corr. Inst., No. 1:19-cv-00004 (E.D. Cal. Dec. 6, 2021).
- Donovin Last v. M-I, L.L.C., No. 1:20-cv-01205 (E.D. Cal. Jan. 11, 2022).
- Walter v. Leprino Foods Co., No. 2:20-cv-00700 (E.D. Cal. Sept. 16, 2022).
- (DP) Sanders v. Davis, No. 1:92-cv-05471 (E.D. Cal. Nov. 22, 2022).
- J.M. v. Tulare City Sch. Dist., No. 1:21-cv-01766 (E.D. Cal. Jan. 30, 2023).
- Pizana v. Sanmedica Int'l LLC, No. 1:18-cv-00644 (E.D. Cal. Aug. 28, 2023).
- N. R.S. v. Twin Rivers Unified Sch. Dist., No. 2:23-cv-01282 (E.D. Cal. Oct. 19, 2023).
- Napleton Orlando Imports, LLC v. Volkswagen Grp. of Am., Inc., No. 3:16-cv-02086 (N.D. Cal. Dec. 6, 2019).
- Optrics Inc v. Barracuda Networks Inc, No. 3:17-cv-04977 (N.D. Cal. June 16, 2020).
- D.L. v. Poway Unified Sch. Dist., No. 3:19-cv-00780 (S.D. Cal. Nov. 22, 2019).
- Wright v. Old Gringo, Inc., No. 3:17-cv-01996 (S.D. Cal. Jan. 28, 2020).
- Wright v. Old Gringo, Inc., No. 3:17-cv-01996 (S.D. Cal. Feb. 21, 2020).
- Orthopaedic Hosp. v. DJO Global, Inc., No. 3:19-cv-00970 (S.D. Cal. Apr. 29, 2021).
- Ely v. Bd. of Trs. of the PACE Indus. Union-Mgmt. Pension Fund, No. 3:18-cv-00315 (D. Idaho Nov. 23, 2020).
- Williams v. Aranas, No. 3:16-cv-00759 (D. Nev. July 30, 2019).
- Mayorga v. Ronaldo, No. 2:19-cv-00168, 2019 WL 3459230 (D. Nev. July 31, 2019).
- Ashcraft v. Welk Resort Grp., Corp., No. 2:16-cv-02978 (D. Nev. Sept. 26, 2019).
- Cardinali v. Plusfour, Inc., No. 2:16-cv-02046, 2019 WL 4723071 (D. Nev. Sept. 26, 2019).
- Bergna v. Johns, No. 3:17-cv-00412 (D. Nev. Oct. 28, 2019).
- Hurd v. Clark Cnty. Sch. Dist., No. 2:16-cv-02011 (D. Nev. Dec. 2, 2019).
- Spahr v. Med. Dir. Ely State Prison, No. 3:19-cv-00267 (D. Nev. Nov. 26, 2019).
- Kennedy v. Watts, No. 3:17-cv-00468, 2019 WL 7194563 (D. Nev. Dec. 23, 2019).
- Spahr v. Med. Dir. Ely State Prison, No. 3:19-cv-00267, 2020 WL 137459 (D. Nev. Jan. 10, 2020).
- Sims v. Aranas, No. 3:17-cv-00543 (D. Nev. Apr. 20, 2020).
- Craig Titus v. Romeo Aranas, No. 3:18-cv-00146 (D. Nev. Apr. 28, 2020).
- JB Carter Enter., LLC v. Elavon, Inc., No. 2:18-cv-00394 (D. Nev. Apr. 29, 2020).
- Konami Gaming, Inc. v. Marks Studios, LLC, No. 2:14-cv-01485 (D. Nev. Apr. 29, 2020).
- Morris v. Equifax Info. Servs., LLC, No. 2:18-cv-01829 (D. Nev. Apr. 23, 2020).
- Moreno v. Nev. Dept. Corr., No. 3:18-cv-00137 (D. Nev. May 5, 2020).
- Universal Ent. Corp. v. Aruze Gaming Am., Inc., No. 2:18-cv-00585 (D. Nev. May 8, 2020).
- Gray v. Baca, No. 3:16-cv-00716 (D. Nev. May 18, 2020).
- Oracle USA, Inc. v. Rimini Street, Inc., No. 2:10-cv-00106 (D. Nev. May 26, 2020).
- Bock, LLC v. Steelman, No. 2:19-cv-01065 (D. Nev. July 27, 2020).
- Branagan v. Wall, No. 3:17-cv-00485 (D. Nev. Aug. 7, 2020).
- Altheide v. Dzurenda, No. 3:18-cv-00408 (D. Nev. Aug. 26, 2020).
- Burns v. Sandoval, No. 3:18-cv-00086 (D. Nev. Aug. 26, 2020).
- Caballero v. Aranas, No. 3:19-cv-00079 (D. Nev. Sept. 1, 2020).
- Oracle USA, Inc. v. Rimini Street, Inc., No. 2:10-cv-00106 (D. Nev. Sept. 25, 2020).
- Rhymes v. Keast, No. 3:17-cv-00679 (D. Nev. Oct. 16, 2020).
- Hernandez v. Howell, No. 2:18-cv-01449 (D. Nev. Nov. 10, 2020).
- Nevada Power Co. v. Trench France, S.A.S., No. 2:19-cv-01252 (D. Nev. Nov. 12, 2020).
- Bock, LLC v. Steelman, No. 2:19-cv-01065 (D. Nev. Dec. 23, 2020).
- Moreno v. Adamson, No. 3:19-cv-00330, 2021 WL 76722 (D. Nev. Jan. 7, 2021).
- Lagunas v. Nevada Bd. of Prison Commissioners, No. 2:18-cv-02039 (D. Nev. Feb. 16, 2021).
- Sec. & Exch. Comm'n v. Profit Connect Wealth Servs. Inc, No. 2:21-cv-01298 (D. Nev. July 14, 2021).
- Morris v. Aranas, No. 3:18-cv-00310 (D. Nev. July 30, 2021).
- Rimini Street, Inc. v. Oracle Int'l Corp., No. 2:14-cv-01699 (D. Nev. Sept. 2, 2021).
- Oracle USA, Inc. v. Rimini Street, Inc., No. 2:10-cv-00106 (D. Nev. Sept. 9, 2021).
- Hunt v. Zuffa, LLC, No. 2:17-cv-00085 (D. Nev. Apr. 6, 2023).
- United States ex rel. Tali Arik v. DVH Hosp. All., LLC, Inc., No. 2:19-cv-01560 (D. Nev. May 26, 2023).
- Andrew D. Zaron v. Wells Fargo Bank, N.A., No. 2:20-cv-00858 (D. Nev. Aug. 10, 2023).
- Digit. Alpha Advisors, LLC v. Ladak, No. 2:23-cv-01339 (D. Nev. Sept. 15, 2023).
- Leach v. Ingram, No. 2:22-cv-01809 (D. Nev. May 3, 2024).
- J.N. v. Oregon Dep't of Educ., No. 6:19-cv-00096 (D. Or. Feb. 5, 2020).
- Doe v. Teachers Council, Inc., 757 F. Supp. 3d 1142 (D. Or. 2024).published
- Est. of Jayson Vinberg v. United States, No. 3:22-cv-00135 (D. Alaska Oct. 17, 2024).
- Blockchain Innovation, LLC v. Franklin Resources, Inc., No. 3:21-cv-08787 (N.D. Cal. Oct. 8, 2024).
- Chula Vista Elementary Sch. Dist. v. Penagos, No. 3:24-cv-00386 (S.D. Cal. Aug. 19, 2024).
- Herb Hallman Chevrolet, Inc. v. Gen. Motors LLC, No. 3:22-cv-00447 (D. Nev. June 24, 2024).
- Malaer v. Kirkpatrick, No. 1:20-cv-00049 (D. Or. July 19, 2024).
- Martinez Patterson v. AT&T Servs. Inc, No. 2:18-cv-01180 (W.D. Wash. Oct. 18, 2019).
- BBC Grp. NV LLC v. Island Life Restaurant Grp. LLC, No. 2:18-cv-01011 (W.D. Wash. Feb. 28, 2020).
- Scott v. Carr, No. 2:20-cv-00236 (W.D. Wash. May 13, 2021).
- United States Fire Ins. Co. v. Icicle Seafoods Inc, No. 2:20-cv-00401 (W.D. Wash. Aug. 13, 2021).
- Crosby v. Amazon.com Inc, No. 2:21-cv-01083 (W.D. Wash. Dec. 7, 2023).
- Zunum Aero Inc v. Boeing Co., No. 2:21-cv-00896 (W.D. Wash. Jan. 31, 2024).
- Zunum Aero Inc v. Boeing Co., No. 2:21-cv-00896 (W.D. Wash. Feb. 8, 2024).
- Pacira Pharm., Inc. v. Rsch. Dev. Found., No. 2:21-cv-02241 (D. Nev. Dec. 12, 2024).
- 4WEB, Inc. v. NuVasive, Inc., No. 3:24-cv-01021 (S.D. Cal. Feb. 20, 2025).
- 4WEB, Inc. v. NuVasive, Inc., No. 3:24-cv-01021 (S.D. Cal. May 20, 2025).
- Harrison v. Hershman, No. 6:19-cv-00315 (D. Or. June 6, 2025).
- Law Offices of Christy Lee, P.C. v. Rae, No. 3:24-cv-00176 (D. Alaska June 26, 2025).
At page 1211 District court discretion granting protective orders93 citing cases“if a court finds particularized harm will result from disclosure of information to the public, then it balances the public and private interests to decide whether a protective order is necessary.”
- Doe v. Salesforce.com Inc, No. 2:24-cv-00435 (W.D. Wash. Oct. 2, 2024).(The 14 law . . . gives district courts broad latitude to grant protective orders to prevent disclosure of 15 material for many types of information.)
- Est. of Antonio Thomas v. Cnty. of Sacramento, No. 2:20-cv-00903 (E.D. Cal. Mar. 10, 2021).(the law . . . gives district courts broad latitude to grant protective orders)
- Roe JB 65 v. Doe 1, No. 3:24-cv-02349 (S.D. Cal. Dec. 23, 2024). Phillips v. Gen. 4 Motors Corp., 307 F.3d 1206 , 1210–11 (9th Cir. 2002) (“Phillips”); see Fed.
- Pac. Resources Assocs. LLC v. Suzy Cleaners, No. 3:20-cv-00234 (S.D. Cal. June 23, 2026). Second, if the court concludes that such harm will result from 6 disclosure of the discovery documents, then it must proceed to balance “the 7 public and private interests to decide whether [maintaining] a protective order is necessary.” P…
- Su, No. 2:19-cv-03178 (D. Ariz. Apr. 10, 2026). Co., 3 331 F.3d 1122, 1130 (9th Cir. 2003) (quoting Phillips, 307 F.3d at 1212).
- Salako, No. 2:25-cv-01063 (D. Ariz. Jan. 6, 2026). (citation 18 modified)
- Tudor, No. 3:22-cv-01113 (N.D. Cal. Dec. 15, 2025).Motors Corp., 307 F.3d 1206, 1211 (9th Cir. 2002).
- Hoard, No. 3:24-cv-01133 (S.D. Cal. Oct. 28, 2025).Phillips, 307 F.3d at 1211.
- Ritenburgh v. Clark Cnty. Jail, No. 3:24-cv-05185 (W.D. Wash. Aug. 27, 2025).But even assuming that the user manual is a trade secret, “[i]f a court finds 4 particularized harm will result from disclosure of information to the public, then it balances the 5 public and private interests to decide whether a protectiv…
- Columbia Legal Servs. v. Stemilt Ag Servs., LLC, 142 F.4th 1201 (9th Cir. 2025).published “balance[] the public and private interests to decide whether a protective order is necessary”
Show 80 more citing cases
- In re Violation of Rule 28(d), 635 F.3d 1352 (Fed. Cir. 2011).published
- In re Roman Catholic Archbishop of Portland in Or., 661 F.3d 417 (9th Cir. 2011).published
- Rivera v. Nibco, Inc., 364 F.3d 1057 (9th Cir. 2004).published
- Rivera v. NIBCO, Inc., 384 F.3d 822 (9th Cir. 2004).published
- Baldwin v. United States, 732 F. Supp. 2d 1142 (D. N. Mar. I. 2010).published
- Father M v. Various Tort (In re Roman Catholic Archbishop), 657 F.3d 1008 (9th Cir. 2011).published
- Contratto v. Ethicon, Inc., 227 F.R.D. 304 (N.D. Cal. 2005).published
- James Scott v. Kevin Chappell, 547 F. App'x 815 (9th Cir. 2013).unpublished
- Ground Zero Ctr. for Non-Violent Action v. United States Dep't of the Navy, 860 F.3d 1244 (9th Cir. 2017).published
- Dairy v. Dairy Employees Union Local No. 17 Christian Labor Ass'n of the United States Pension Trust, 153 F. Supp. 3d 1217 (E.D. Cal. 2015).published
- deBarros v. Walmart Stores, Inc., 857 F. Supp. 2d 1109 (D. Or. 2012).published
- Mehl v. Blanas, 241 F.R.D. 653 (E.D. Cal. 2007).published
- Wade v. City of Fruitland, 287 F.R.D. 638 (D. Idaho 2013).published
- Schreib v. Am. Fam. Mut. Ins., 304 F.R.D. 282 (W.D. Wash. 2014).published
- Sunil Kumar, Ph. D. v. Dr. Jolene Koester, No. 2:22-cv-07550 (C.D. Cal. July 24, 2023).
- Graciani v. Providence Health & Servs., No. 3:18-cv-00087 (D. Alaska Jan. 10, 2020).
- Smith v. Shartle, No. 4:18-cv-00323 (D. Ariz. Nov. 18, 2020).
- Globaltranz Enter. LLC v. Pinnacle Logistics Grp. LLC, No. 2:22-cv-00545 (D. Ariz. Sept. 30, 2022).
- (PC) McCoy v. Kelso, No. 1:12-cv-00983 (E.D. Cal. Oct. 4, 2019).
- Halliday v. Spjute, No. 1:07-cv-00620 (E.D. Cal. July 22, 2020).
- Zymex Indus., Inc. v. Ziba Foods, LLC, No. 1:20-cv-01086 (E.D. Cal. Oct. 21, 2021).
- McCoy v. City of Vallejo, No. 2:19-cv-01191 (E.D. Cal. Dec. 20, 2021).
- (PS) Schmitz v. Asman, No. 2:20-cv-00195 (E.D. Cal. Feb. 16, 2024).
- Napleton Orlando Imports, LLC v. Volkswagen Grp. of Am., Inc., No. 3:16-cv-02086 (N.D. Cal. Sept. 13, 2019).
- Gonzales v. City Of San Jose, No. 5:19-cv-08195 (N.D. Cal. July 31, 2020).
- K.R. v. G6 Hosp., LLC, No. 3:19-cv-08252 (N.D. Cal. Feb. 26, 2021).
- Rodriguez v. Google LLC, No. 3:20-cv-04688 (N.D. Cal. May 10, 2021).
- Doe v. Uber Tech., Inc., No. 3:19-cv-03310 (N.D. Cal. Nov. 15, 2021).
- Doe v. Uber Tech., Inc., No. 3:19-cv-03310 (N.D. Cal. Jan. 20, 2022).
- Doe v. Uber Tech., Inc., No. 3:19-cv-03310 (N.D. Cal. Mar. 21, 2022).
- Scramoge Tech. Ltd. v. Apple Inc., No. 3:22-cv-03041 (N.D. Cal. Sept. 16, 2022).
- In re Google RTB Consum. Privacy Litig., No. 4:21-cv-02155 (N.D. Cal. Sept. 11, 2023).
- Simpson Strong-Tie Co. v. MiTek Inc., No. 5:20-cv-06957 (N.D. Cal. Dec. 15, 2023).
- Tolbert v. Colley, No. 3:22-cv-02026 (N.D. Cal. Feb. 20, 2024).
- Tolbert v. Colley, No. 3:22-cv-02026 (N.D. Cal. Apr. 11, 2024).
- Outlaw Lab'y, LP v. DG in PB, LLC, No. 3:18-cv-00840 (S.D. Cal. Mar. 23, 2021).
- ImprimisRx, LLC v. OSRX, Inc., No. 3:21-cv-01305 (S.D. Cal. Aug. 15, 2022).
- J.R. Simplot Co. v. McCain Foods USA, Inc., No. 1:16-cv-00449, 2019 WL 2745730 (D. Idaho July 1, 2019).
- Tanner v. Idaho Dep't of Fish & Game, No. 2:18-cv-00456 (D. Idaho Oct. 10, 2019).
- Boden v. Crop Prod. Servs., Inc., No. 4:18-cv-00266 (D. Idaho Nov. 19, 2019).
- Toomer v. Terrapower, LLC, No. 4:16-cv-00226 (D. Idaho Oct. 18, 2023).
- Stubborn Mule LLC v. Grey Ghost Precision LLC, No. 2:22-cv-00399 (D. Idaho Feb. 14, 2024).
- Torres v. Rothstein, No. 2:19-cv-00594 (D. Nev. July 6, 2020).
- Robinson v. Universal Health Servs. Inc, No. 2:19-cv-01530 (D. Nev. Jan. 12, 2023).
- GW Grundbesitz AG v. Gunn, No. 2:21-cv-02074 (D. Nev. July 14, 2023).
- Willy v. Sherwin-Williams Co., No. 3:21-cv-00054, 2022 WL 1553703 (D. Or. May 17, 2022).
- Twin Falls NSC, LLC v. S. Idaho Ambulatory Surgery Ctr., LLC, No. 1:19-cv-00009, 2020 WL 5523384 (D. Idaho Sept. 14, 2020).
- Tanner v. Idaho Dep't of Fish & Game, No. 2:18-cv-00456 (D. Idaho Oct. 29, 2019).
- Snow Covered Capital, LLC v. Fonfa, No. 2:22-cv-01181 (D. Nev. June 26, 2024).
- Humphries v. Button, No. 2:21-cv-01412 (D. Nev. Aug. 15, 2024).
- Espinoza v. Perrault Farms Inc, No. 1:19-cv-03287 (E.D. Wash. Oct. 15, 2020).
- Arch Ins. Co. v. Safeco Ins. Co. of Am., No. 2:18-cv-01591 (W.D. Wash. Dec. 5, 2019).
- Sinclair v. Home Depot USA Inc, No. 2:19-cv-01971 (W.D. Wash. Apr. 15, 2020).
- Int'l News, Inc. v. 10 Deep Clothing, Inc., No. 2:18-cv-00302, 2020 WL 1890611 (W.D. Wash. Apr. 16, 2020).
- Maurice v. Allstate Ins. Co., No. 2:19-cv-01837 (W.D. Wash. July 28, 2020).
- Whitman v. State Farm Life Ins. Co., No. 3:19-cv-06025, 2020 WL 5526684 (W.D. Wash. Sept. 15, 2020).
- Bjornstad v. Ethicon Endo-Surgery LLC, No. 2:19-cv-01708 (W.D. Wash. Dec. 1, 2020).
- Lufthansa Technik v. Panasonic Avionics Corp., No. 2:17-cv-01453 (W.D. Wash. June 22, 2021).
- Hinrichs v. Burwell, No. 2:21-cv-00080 (W.D. Wash. July 20, 2021).
- Grayless v. Allstate Ins. Co, No. 3:21-cv-05492 (W.D. Wash. Dec. 16, 2021).
- Duett v. State Farm Mut. Auto. Ins. Co., No. 2:19-cv-01917, 2022 WL 425342 (W.D. Wash. Feb. 11, 2022).
- Innovative Solutions Int'l Inc v. Houlihan Trading Co Inc, No. 2:22-cv-00296 (W.D. Wash. Dec. 1, 2022).
- Larson Motors Inc v. Gen. Motors LLC, No. 2:21-cv-01367 (W.D. Wash. Jan. 20, 2023).
- Frame-Wilson v. Amazon.com Inc, No. 2:20-cv-00424 (W.D. Wash. Feb. 1, 2023).
- Bowhead Operations & Maint. Solutions LLC v. Endurance Am. Ins. Co, No. 2:21-cv-00909 (W.D. Wash. May 16, 2023).
- PCF Ins. Servs. of the West LLC v. Fritts, No. 2:23-cv-01468 (W.D. Wash. Aug. 28, 2024).
- Collins v. Am. Bankers Ins. Co. of Florida, No. 2:23-cv-01959 (W.D. Wash. Oct. 10, 2024).
- (PC) Howard v. Rodriguez, No. 1:24-cv-00285 (E.D. Cal. Nov. 18, 2024).
- Balcom v. Peterson, No. 3:23-cv-00528 (D. Or. Dec. 10, 2024).
- Martinez v. Ford Motor Co., No. 3:24-cv-01763 (S.D. Cal. Dec. 13, 2024).
- Sixty-01 Ass'n of Apt. Owners v. Pub. Serv. Ins. Co., No. 2:22-cv-01373 (W.D. Wash. Feb. 10, 2025).
- Switch Ltd. v. Protego Fin. Corp., No. 3:24-cv-00250 (D. Nev. Feb. 14, 2025).
- GST Int'l, Inc. v. Martin, No. 3:21-cv-00285 (D. Nev. Mar. 14, 2025).
- Shepard v. Allstate Prop. & Cas. Ins. Co., No. 2:24-cv-00289 (W.D. Wash. Apr. 2, 2025).
- (PC) Hill v. Newsom, No. 2:19-cv-01680 (E.D. Cal. Apr. 11, 2025).
- Stevens v. Lee, No. 2:22-cv-00529 (D. Idaho May 30, 2025).
- Health Freedom Def. Fund, Inc v. US Freedom Flyers, Inc., No. 4:23-cv-00380 (D. Idaho June 4, 2025).
- Internet Sports Int'l, LTD. v. Amelco USA, LLC, No. 2:23-cv-00893 (D. Nev. June 13, 2025).
- DNC Parks & Resorts at Yosemite, Inc. v. United States, 127 Fed. Cl. 435 (Fed. Cl. 2016).unpublished
- Cabell v. Zorro Prods., Inc., 294 F.R.D. 604 (W.D. Wash. 2013).published
At page 1212 Balancing good cause under rule 26(c) and common law access42 citing cases“courts have granted protective orders to protect confidential settlement agreements.”
- United States v. Wecht, 484 F.3d 194 (3d Cir. 2007).published
- Micron Tech., Inc. v. Netlist, Inc., 744 F. Supp. 3d 1115 (D. Idaho 2024).“courts have granted protective orders to protect confidential settlement agreements.”
- Micron Tech., Inc. v. Netlist, Inc., 744 F. Supp. 3d 1115 (D. Idaho 2024).“courts have granted protective orders to protect confidential settlement agreements.”
- Hughes v. City of Stockton, No. 2:18-cv-03188 (E.D. Cal. Nov. 12, 2019).“courts have consistently granted protective orders that prevent disclosure of 21 ... medical ... records....”
- Machado, No. 2:26-cv-02880 (E.D. Cal. Aug. 28, 2026).Estates of Byrd v. General Motors Corp., 307 F.3d 1206, 1212-13 (9th Cir. 2002). 14 “Unless a particular court record is one traditionally kept secret, a strong presumption in favor of 15 access is the starting point.” Kamakana v. City & C…
- Su, No. 2:19-cv-03178 (D. Ariz. Apr. 10, 2026). Co., 3 331 F.3d 1122, 1130 (9th Cir. 2003) (quoting Phillips, 307 F.3d at 1212).
- Bank of Am., N.A. v. Blas, No. 3:24-cv-00183 (D. Alaska Aug. 28, 2025).Estates of Byrd v. General Motors Corp., 307 F.3d 1206, 1212 (9th Cir. 2002); see also Shinn v. Baxa Corp., Case No. 2:07-cv-01648, 2008 WL 2704712 , *1 (D.
- Columbia Legal Servs. v. Stemilt Ag Servs., LLC, 142 F.4th 1201 (9th Cir. 2025).published If a court finds particularized harm that would result from public disclosure it must “balance[] the public and private interests to decide whether a protective order is necessary.” Phillips, 307 F.3d at 1211.
- (PS) Love v. Koch Fam. Found., No. 2:25-cv-01629 (E.D. Cal. June 26, 2025).Estates of Byrd v. General Motors Corp., 307 F.3d 1206, 1212-13 (9th Cir. 2002). 4 “Unless a particular court record is one traditionally kept secret, a strong presumption in favor of 5 access is the starting point.” Kamakana v. City & Cou…
- In re Roman Catholic Archbishop of Portland in Or., 661 F.3d 417 (9th Cir. 2011).published
Show 31 more citing cases
- Kamakana v. City & Cnty. of Honolulu, 447 F.3d 1172 (9th Cir. 2006).published
- Father M v. Various Tort (In re Roman Catholic Archbishop), 657 F.3d 1008 (9th Cir. 2011).published
- Contratto v. Ethicon, Inc., 227 F.R.D. 304 (N.D. Cal. 2005).published
- Charlotte B Milliner v. Mut. Sec., Inc., No. 4:15-cv-03354-DMR (N.D. Cal. June 28, 2021).
- Rocky Mountain Bank v. Google, Inc., 428 F. App'x 690 (9th Cir. 2011).unpublished
- Debbie Foltz, Consum. Action United Policyholders Texas Watch, Intervenors, & Tierney Adamson Kevin Snead Daniel P. Johnson, Intervenors-Appellants. v. State Farm Mut. Auto. Ins. Co., an Illinois Corp. California Inst. of Med. Rsch. & Tech., Inc., a Foreign Corp. Dba Comprehensive Med. Review Ralph Householder Steven Becker v. April Jean Ho Jim Mathis, Plaintiffs-Intervenors. Debbie Foltz, & Tierney Adamson Kevin Snead Daniel P. Johnson, Intervenors-Appellants v. State Farm Mut. Auto. Ins. Co., an Illinois Corp., & California Inst. of Med. Rsch. & Tech., Inc., a Foreign Corp. Dba Comprehensive Med. Review Ralph Householder Steven Becker v. April Jean Ho Jim Mathis, Plaintiffs-Intervenors. Debbie Foltz, April J. Ho Jim Mathis Tierney Adamson Kevin Snead Daniel P. Johnson, Intervenors, & Consum. Action United Policy-Holders Texas Watch, Intervenors-Appellants v. State Farm Mut. Auto. Ins. Co., an Illinois Corp., & Steven Becker, 331 F.3d 1122 (9th Cir. 2003).published
- Ctr. for Auto Saf. v. Chrysler Grp., LLC, 809 F.3d 1092 (9th Cir. 2016).published
- Venetian Casino Resort, LLC Vs. Dist. Ct. (sekera), 2020 NV 26 (Nev. 2020).published
- Venetian Casino v. Eighth Jud. Dist. Ct., 467 P.3d 1 (Nev. 2020).published
- D Stadtler Trust 2015 Trust v. Gorrie, No. 2:22-cv-00314 (D. Ariz. Mar. 30, 2023).
- Lisee v. Servis One Inc., No. 3:23-cv-08032 (D. Ariz. June 27, 2023).
- Finder v. Leprino Foods Co., No. 1:13-cv-02059 (E.D. Cal. Dec. 2, 2019).
- Patino v. Cnty. of Merced, No. 1:18-cv-01468 (E.D. Cal. Sept. 11, 2020).
- Vaden Anderson v. Amazon.Com, Inc., No. 1:21-cv-00127 (E.D. Cal. July 21, 2021).
- Webb v. Cnty. of Stanislaus, No. 1:19-cv-01716 (E.D. Cal. Oct. 4, 2021).
- Huerta v. Cnty. of Tulare, No. 1:17-cv-01446 (E.D. Cal. Mar. 8, 2022).
- Howell v. Leprino Foods Co., No. 1:18-cv-01404 (E.D. Cal. Mar. 9, 2022).
- Donovin Last v. M-I, L.L.C., No. 1:20-cv-01205 (E.D. Cal. May 27, 2022).
- Doe v. Kern Cnty. Sheriff's Off., No. 1:20-cv-01544 (E.D. Cal. July 12, 2022).
- Heitkoetter v. Domm, No. 1:22-cv-00368 (E.D. Cal. Jan. 6, 2023).
- Charlotte B Milliner v. Mut. Sec., Inc., No. 4:15-cv-03354-DMR (N.D. Cal. Oct. 9, 2019).
- Hernandez v. Syncrasy, No. 3:21-cv-09212 (N.D. Cal. Mar. 21, 2023).
- Ayala Alvarado v. United States Citizenship & Immigr. Servs., No. 3:19-cv-01600 (S.D. Cal. Jan. 2, 2020).
- Bown v. Reinke, No. 1:12-cv-00262 (D. Idaho Feb. 16, 2022).
- Lieberman v. Target Corp., No. 2:24-cv-00450 (D. Ariz. Aug. 27, 2024).
- Vaughn v. Teran, No. 1:17-cv-00966 (E.D. Cal. Sept. 9, 2024).
- Knupp v. Amazon.com Servs., LLC, No. 1:23-cv-01112 (E.D. Cal. Oct. 18, 2024).
- Keodara v. Boe, No. 3:21-cv-05129 (W.D. Wash. Apr. 6, 2022).
- Campos v. Arizona Bd. of Regents, No. 2:24-cv-00987 (D. Ariz. Dec. 20, 2024).
- Jonathan Cushman CPA LLC v. Babcock, No. 9:24-cv-00065 (D. Mont. Apr. 9, 2025).
- Simon v. Reliance Stand. Life Ins. Co., No. 3:25-cv-08033 (D. Ariz. Apr. 18, 2025).
[C]ourts have granted protective orders to protect confidential settlement agreements.
- Micron Tech., Inc. v. Netlist, Inc., 744 F. Supp. 3d 1115 (D. Idaho 2024).([C]ourts have granted protective orders to protect confidential settlement agreements.)
- Micron Tech., Inc. v. Netlist, Inc., 744 F. Supp. 3d 1115 (D. Idaho 2024).([C]ourts have granted protective orders to protect confidential settlement agreements.)
At page 1214 When a court grants a protective order for information produced during 15 || discovery, it already has determined that “good cause” exists to protect this information || from being disclosed to the public by balancing the needs for discovery against the need 17 || for confidentiality.’’2 citing cases
- SiteLock LLC v. GoDaddy.com LLC, No. 2:19-cv-02746 (D. Ariz. July 1, 2020).“the burden of proof will 6 remain with the party seeking protection when the protective order was a stipulated order.”
- United Ass'n Nat'l Pension Fund v. Carvana Co., No. 2:22-cv-02126 (D. Ariz. Jan. 16, 2026).(When a court grants a protective order for information produced during 15 || discovery, it already has determined that “good cause” exists to protect this information || from being disclosed to the public by balancing…)
v.
GENERAL MOTORS CORPORATION, with Los Angeles Times, Intervenor-Appellee
OPINION
BREWSTER, Senior District Judge.General Motors Corporation (“GM”) appeals an order of the district court granting the intervenor, the Los Angeles Times, access to confidential settlement information produced by GM under a protective order during discovery in the underlying[*1209] action. In .ordering the documents released to the public, the district court determined (1) the protective order to prevent disclosure of this information was not appropriate, and (2) the Los Angeles Times had a federal common law right of access to these materials. GM appeals, arguing the district court applied incorrect legal standards in deciding whether disclosure was appropriate. We have jurisdiction pursuant to 28 U.S.C. 1291. See Beckman Indus. Inc. v. International Ins. Co., 966 F.2d 470, 472 (9th Cir.1992). We vacate and remand for further proceedings.
I. Background
On November 20, 1998, the underlying plaintiffs in this case, Darrell and Angela Byrd and their two minor sons, Timothy and Samuel, filed a complaint for damages against GM allegedly caused by a defect in the gas tank of a GM C/K pickup truck. Before discovery, both sides stipulated to a “share” protective order that allowed the parties to share all information covered under the order with other litigants in similar cases, but not the public. The order covered “Executive Committee Documents, production, sales and profit forecasts, procedures for evaluating defects or non-compliance with federal safety standards and meetings minutes of the truck and bus fuel system coordination groups.”
One of GM’s experts testified by deposition that information about the amount GM paid in previous settlements involving C/K pickup post-collision fuel-fed fires could be important to his analysis of punitive damages. Accordingly, the plaintiffs filed a motion to compel GM to produce this settlement information either in the form of individual or aggregate settlement numbers. GM had previously settled cases involving C/K pickup trucks pursuant to agreements which provided that both parties would keep the terms confidential and, thus, vigorously contested the motion. On August 14, 2000, the magistrate judge partially granted the plaintiffs’ motion and directed GM to produce the total number and aggregate dollar amount of all settlements involving C/K pickup truck fuel-fed fires. At GM’s request, the magistrate judge ordered this discovery pursuant to the share “Protective order in place subject to further review and determination by Judge Molloy as to whether the information produced should be subject to his Order.” Prior to this appeal, GM did not file any objection to this ruling.
Pursuant to the magistrate court’s order, on or about August 24, 2000, GM produced under seal the total number and aggregate dollar amount of its previous settlements for C/K pickups fuel tank claims. In addition, GM included a computed arithmetic average settlement award. On August 30, 2000, plaintiffs filed a discovery-sanctions motion against GM and attached to their motion as Exhibit 8 under seal a copy of the settlement information produced by GM pursuant to the August 14, 2000 order. The plaintiffs contended that GM had violated the magistrate judge’s order by additionally including the calculation of the “average” settlement award, which had not been requested. The case settled in October 2000 before the court had an opportunity to rule on the discovery-sanctions motion. The court dismissed the action on November 14, 2000.
After the case had been dismissed, the Los Angeles Times moved to intervene, and requested the district court to unseal Exhibit 8. The Los Angeles Times provided three reasons why the lower court should release the confidential settlement information: (1) this information did not deserve a protective order; (2) the LA Times has a common law right of access to Exhibit 8; and (3) the newspaper had a[*1210] First Amendment right to these materials. On January 5, 2001, the district court ordered the release of the settlement information on the grounds that (1) it was not covered under the share protective order stipulated by the parties and (2) it independently did not deserve a protective order. Furthermore, the court found the common law right of access permitted the Los Angeles Times to receive the information contained in Exhibit 8. The lower court did not address the First Amendment issue. The district court stayed this order pending the resolution of this appeal.
II. Discussion
General Motors raises three issues on appeal: (1) whether the magistrate judge committed legal error when it ordered GM to produce the settlement information even under a protective order; (2) whether the lower court erred by lifting the protective order; and (3) whether the lower court erred by deciding the Los Angeles Times had a common law right of access to Exhibit 8.
A. August 14th Order of the Magistrate Judge
GM argues the magistrate judge committed legal error by ordering GM to produce confidential settlement information during discovery. GM, however, has waived its right to appeal this ruling to this panel, fed. R. Civ. Proc. 72(a) requires an aggrieved party to object to any magistrate order within ten days. If the party does not file any objections within ten days, it cannot “[assign] as error a defect in the magistrate judge’s order.” Fed.R.Civ.P. 72(a); see also Simpson v. Lear, 77 F.3d 1170, 1174 (9th Cir.1995).
B. Protective Order
We review a lower court’s decision to grant, lift, or modify a protective order for abuse of discretion. See Anderson v. Calderon, 232 F.3d 1053, 1099 (9th Cir.2000); Empire Blue Cross & Blue Shield v. Janet Greeson’s A Place for Us, Inc., 62 F.3d 1217, 1219 (9th Cir.1995). We review de novo, however, whether the lower court used the correct legal standard in determining whether it should have granted a protective order. See Kulas v. Flores, 255 F.3d 780, 783 (9th Cir.2001) (legal issues are reviewed de novo).
Generally, the public can gain access to litigation documents and information produced during discovery unless the party opposing disclosure shows “good cause” why a protective order is necessary. In San Jose Mercury News, Inc. v. United States Dist. Ct., 187 F.3d 1096, 1103 (9th Cir.1999), the court said, “[i]t is well-established that the fruits of pre-trial discovery are, in the absence of a court order to the contrary, presumptively public. Rule 26(c) authorizes a district court to override this presumption where ‘good cause’ is shown.” See also In re Agent Orange Product Liability Litig., 821 F.2d 139, 145 (2d Cir.1987) (“[I]f good cause is not shown, the discovery materials in question should not receive judicial protection and therefore would be open to the public.”). Rule 26(c) states, in relevant part:
Upon motion by a party or by a person from whom discovery is sought ... and for good cause shown, the court in which the action is pending ... may make any order which justice requires to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense, including one of more of the following:
(7) that a trade secret or other confidential research, development, or commercial information not be revealed or be revealed only in a designated way ....
fed. R. Civ. P. 26(c), 26(c)(7).
For good cause to exist, the party seeking protection bears the burden of showing specific prejudice or harm will[*1211] result if no protective order is granted. See Beckman Indus., Inc. v. International Ins. Co., 966 F.2d 470, 476 (9th Cir.1992) (holding that “broad allegations of harm, unsubstantiated by specific examples or articulated reasoning, do not satisfy the Rule 26(c) test”); see also San Jose Mercury News, Inc., 187 F.3d at 1102(holding that to gain a protective order the party must make “particularized showing of good cause with respect to any individual document”). If a court finds particularized harm will result from disclosure of information to the public, then it balances the public and private interests to decide whether a protective order is necessary. See Glenmede Trust Co. v. Thompson, 56 F.3d 476, 483 (3d Cir.1995) (citing factors).
In this case, the magistrate judge never conducted a “good cause” analysis, but decided to put the settlement information into the existing share protective order, previously stipulated by the parties, on an interim basis subject to “further review and determination” by the district judge. Upon review, the district judge determined that a protective order was not appropriate.[1]
It appears, however, that the district court never engaged in a “good cause” analysis, but held that, based on Rule 26(c)(7), only trade secrets or other confidential research, development, or commercial information could be protected from disclosure under Rule 26(c). In a letter to the parties, the court below stated it had “reviewed the file for materials that might be trade secrets, proprietary matters, research, development or other commercial information that should be protected under Rule'26(c).” Appellant’s Excerpts of Record, 90. The court reiterated this position in its January 5th order denying the protective order. The court noted that the “narrow issue” before the court was whether “information a party seeks to keep quiet does not fall within the four comers of Rule 26(c).” Phillips v. GMC, 126 F.Supp.2d 1328, 1329 (D.Mont.2001) (emphasis added). Finally, the court implies only certain types of information can be subject to a protective order. The court, commenting upon the type of information covered under the share protective order stipulated to by the parties, claims “this is the kind of information Rule 26(c) recognizes as being legally protectable.” Id. at 1330.
The law, however, gives district courts broad latitude to grant protective orders to prevent disclosure of materials for many types of information, including, but not limited to, trade'secrets or other confidential research, development, or commercial information. See fed. R. Civ. P. 26(c)(7). Rule 26(c) authorizes the district court to issue “any order which justice requires to protect a party or person from annoyance, embarrassment, oppression, or undue burden.” The Supreme Court has interpreted this language as conferring “broad discretion on the trial court to decide when a protective order is appropriate and what degree of protection is required.” Seattle Times Co. v. Rhinehart, 467 U.S. 20, 36, 104 S.Ct. 2199, 81 L.Ed.2d 17 (1984). The Court continued, by noting that the “trial court is in the best position to weigh the fairly competing needs and interests of the parties affected[*1212] by discovery. The unique character of the discovery process requires that the trial court have substantial latitude to fashion protective orders.” Id. (emphasis added); see also 8 Weight, MilleR & Marous, FEDERAL Practice AND Procedure, Civil § 2036, at 489 (2d ed. 1994) (“Thus, a court may be as inventive as the necessities of a particular case require in order to achieve the benign purposes of the rule.”).
Although courts may be more likely to grant protective orders for the information listed in Rule 26(c)(7), courts have consistently granted protective orders that prevent disclosure of many types of information, such as letters protected under attorney-client privilege which revealed the weaknesses in a party’s position and was inadvertently sent to the opposing side, see KL Group v. Case, Kay, and Lynch, 829 F.2d 909, 917-19 (9th Cir.1987); medical and psychiatric records confidential under state law, see Pearson v. Miller, 211 F.3d 57, 62-64 (3d Cir.2000); and federal and grand jury secrecy provisions, see Krause v. Rhodes, 671 F.2d 212, 216 (6th Cir.1982). Most significantly, courts have granted protective orders to protect confidential settlement agreements. See Hasbrouck v. BankAmerica Housing Serv., 187 F.R.D. 453, 455 (N.D.N.Y.1999); Kalinauskas v. Wong, 151 F.R.D. 363, 365-67 (D.Nev.1993).
If the district court decision was based on a failure to recognize that lower courts have the authority to grant protective orders for confidential settlement agreements, it was erroneous, and the district court must determine whether good cause exists. If the lower court did not make this legal error, then it needs to identify and discuss the factors it considered in its “good cause” examination to allow appellate review of the exercise of its discretion. The decision to lift the protective order is remanded and the lower court is instructed to conduct a “good cause” analysis consistent with the principles laid out in this opinion. See Beckman Indus., Inc. v. International Ins. Co., 966 F.2d 470, 476 (9th Cir.1992); Glenmede Trust Co. v. Thompson, 56 F.3d 476, 483 (3d Cir.1995).
C. Common Law Right of Access
After conducting a “good cause” analysis, if the district court were to find a protective order is not appropriate for the confidential settlement information produced to the underlying plaintiffs, then this information could be distributed to the Los Angeles Times. See San Jose Mercury News, Inc. v. United States Dist. Ct., 187 F.3d 1096, 1103 (9th Cir.1999). Under this circumstance, the lower court would not need to analyze the common law right of access issue.
If, however, the court finds “good cause” exists to protect this information, then it must determine whether the Los Angeles Times has a right to Exhibit 8 under the common law right of access, a separate and independent basis for obtaining this information. Not only can the public generally gain access to unprotected information produced during discovery, but it also has a federal common law right of access to all information filed with the court. This common law right of access to inspect various judicial documents is well settled in the law of the Supreme Court and this circuit. See Nixon v. Warner Communications, Inc., 435 U.S. 589, 597, 98 S.Ct. 1306, 55 L.Ed.2d 570 (1978); San Jose Mercury News, Inc. v. U.S. Dist. Ct., 187 F.3d 1096, 1102 (9th Cir.1999); Hagestad v. Tragesser, 49 F.3d 1430, 1434 (9th Cir.1995). This common law right “creates a strong presumption in favor of access” to judicial documents which “can be overcome” only by showing “sufficiently important countervailing interests.” San Jose Mercury News, Inc., 187 F.3d at 1102; see also Hagestad, 49 F.3d at 1434.[*1213] In deciding whether sufficient countervailing interests exist, the courts will look to the “public interest in understanding the judicial process and whether disclosure of the material could result in improper use of the material for scandalous or libelous purposes or infringement upon trade secrets.” Tragesser, 49 F.3d at 1434.
Relying on this body of law, the appellees argue that even if Exhibit 8 has been filed with the court pursuant to a protective order, GM must still show “sufficiently important countervailing interests” to overcome the strong presumption of access to this sealed information. We review de novo whether the presumption of access applies to Exhibit 8.
The issue thus presented is whether the strong presumption of access applies to materials filed with the court under seal pursuant to a valid protective order. Although the Ninth Circuit has never addressed this issue, other courts have determined that the federal common law right of access does not apply to documents filed under seal. See United States v. Corbitt, 879 F.2d 224, 228 (7th Cir.1989) (“While this Court has recognized that the common law right of access creates a strong presumption in favor of public access to materials submitted as evidence in open court, this presumption should not apply to materials properly submitted to the court under seal.”); see also Lawmaster v. United States, 993 F.2d 773, 775 (10th Cir.1993); United States v. Certain Real Property Located In Romulus, Wayne County, Michigan, 977 F.Supp. 833, 836 (E.D.Mich.1997); Grundberg v. Upjohn Co., 140 F.R.D. 459, 465 (D.Utah 1991). We agree with these courts. When a court grants a protective order for information produced during discovery, it already has determined that “good cause” exists to protect this information from being disclosed to the public by balancing the needs for discovery against the need for confidentiality. Applying a strong presumption of access to documents a court has already decided should be shielded from the public would surely undermine, and possibly eviscerate, the broad power of the district court to fashion protective orders. Although we understand the public policy reasons behind a presumption of access to judicial documents (judicial accountability, education about the judicial process etc.), it makes little sense to render the district court’s protective order useless simply because the plaintiffs attached a sealed discovery document to a nondispositive sanctions motion filed with the court. See, e.g., Seattle Times Co. v. Rhinehart, 467 U.S. 20, 33, 104 S.Ct. 2199, 81 L.Ed.2d 17 (1983) (“Much of the information that surfaces during pretrial discovery may be unrelated, or only tangentially related, to the underlying cause of action. Therefore, restraints placed on discovered, but not yet admitted, information are not a restriction on a traditionally public source of information.”). Cf. Rushford v. New Yorker Magazine, Inc., 846 F.2d 249, 252 (4th Cir.1988) (“Once the [sealed discovery] documents are made part of a dispositive motion [summary judgment motion ruled upon by the court] ... they lose their status of being raw fruits of discovery.” (emphasis added and quotation omitted)).
Therefore, when a party attaches a sealed discovery document to a nondis-positive motion, the usual presumption of the public’s right of access is rebutted, so that the party seeking disclosure must present sufficiently compelling reasons why the sealed discovery document should be released.
D. First Amendment
The appellees ask this panel to decide whether it has a First Amendment right to the information contained in Ex-[*1214] Mbit 8 if we were to reverse and/or remand to the lower court with respect to the protective order and the common law right of access.
The district court did not adjudicate this issue and the parties barely raised it in their briefs. We decline to address this issue under the state of the record below. See Barsten v. Department of Interior, 896 F.2d 422, 424 (9th Cir.1990) (“We decline to consider the issue here, believing that the wiser course is to allow the district court to rule on it in the first instance.”).
III. Conclusion
The district court failed to apply the correct legal standard when it determined a protective order was not appropriate for this discovery material. If the court, after conducting a good cause analysis, lifts the protective order on the confidential settlement information produced, then this information can be distributed to the public pursuant to its presumptive right of access. Case closed. If, however, the lower court on remand does not modify the protective order already in place, the presumption is rebutted, and the intervenor must then provide sufficiently compelling reasons why the sealed discovery information should be released. We vacate and remand to the district court for further proceedings not inconsistent with the legal standards set forth in this opinion.
VACATED AND REMANDED.
Although not an issue on appeal, we note how the lower court properly put the burden of proof on GM to show why a protective order was necessary. In Beckman Indus., Inc. v. International Ins. Co., 966 F.2d 470, 472 (9th Cir.1992), we rejected the argument that intervenors need to show "extraordinary circumstances” before modifying a protective order. We explained how the burden of proof will remain with the party seeking protection when the protective order was a stipulated order and no party had made a "good cause” showing.