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Notice Of Motion And Motion To Seal Petition To Confirm Arbitration Award
Matter on the Law & Motion / Discovery calendar for Tuesday, September 16, 2025, Line 2. 3 - PETITIONER MUDFLAP, INC.'s Motion To Seal Petition To Confirm Arbitration Award.
The unopposed motion to permanently seal the yellow-highlighted portions of Exhibit B to the Declaration of Kevin J. O'Brien in Support of Petition to Confirm Arbitration Award, filed on July 7, 2025, is granted on terms stated herein. Moving party Mudflap Inc. lodged the O'Brien Declaration under seal and filed a redacted version. The redacted version redacts both the yellow-highlighted portions of the document and some orange-highlighted portions of the document. Mudflap is the proponent of confidentiality only as to the yellow-highlighted portions. No party has filed a motion to seal the orange-highlighted portions.
As to the yellow-highlighted portions, the Sanjay Desai declaration adequately supports that they are trade secrets that Mudflap has taken steps to protect, and that disclosure would result in competitive harm to Mudflap. The court finds as to the yellow-highlighted portions that (1) there exists an overriding interest that overcomes the right of public access to the record; (2) the overriding interest supports sealing the record; (3) a substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) The proposed sealing is narrowly tailored; and (5) No less restrictive means exist to achieve the overriding interest.
The court orders that the conditionally sealed O'Brien Declaration is permanently sealed. The court orders Mudflap to file a new public redacted version of the O'Brien Declaration that redacts only the yellow-highlighted portions within one week of entry of this order. Because no party has sought sealing of the orange-highlighted portions within the time prescribed by Rule of Court 2.551, subdivision (b)(3)(B), those portions must be placed in the public register of actions.
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