HP Asks For Heavily-Redacted Documents To Be Sealed; Judge Responds With Heavily-Redacted Refusal

from the go-[REDACT]-yourself dept

Mon, Aug 10th 2015 9:36am — Tim Cushing

Joe Patrice at Above the Law has snagged a rather humorous opinion issued by Judge Charles Breyer. Breyer had the [mis]fortune of presiding over a long-running dispute between Hewlett-Packard and its shareholders. Running almost three years and involving more than 400 filings, a settlement had finally been reached and it looked as though Breyer could put this one in the rearview mirror.

Unfortunately for him, Hewlett-Packard still had some unfinished business. It wanted to have a number of documents sealed, despite the fact that the documents in question were already heavily-redacted and likely contained very little of use to anyone other than the parties involved in this case. Eight motions in total were filed by HP during the waning days of the legal battle. All eight have been denied by Judge Breyers… because [REDACTED].

The order, which looks more like an FBI FOIA response than an entry on a district court docket, doesn't completely prevent HP from requesting the sealing of documents, even if the explanation for Breyer's refusal leaves almost everything to its lawyers' imaginations. There's a footnote on the final page that provides a few curt instructions for HP to follow if it wishes to have any documents locked away from the public's eye.

No motion for reconsideration will be entertained unless HP identifies within three days "a limited amount of exceptionally sensitive information that truly deserves protection" under the "compelling reasons" standard of Kamakana v. City and Cty. of Honolulu [...] outlined by page and line number and including "specific factual findings" for each. See O'Connor v. Uber Technologies, Inc. In light of the "public interest in understanding the judicial process" as it relates to the settlement of these claims, the Court will not countenance arguments that public filing would put HP at a competitive or legal disadvantage.

HP seems to like its black ink. Judge Breyer just gave them a taste of their own redaction. This certainly won't stop HP from making another attempt to seal submitted exhibits, but at least it gives the company a succinct depiction of Breyer's thoughts on its multiple motions.

12 6003 Sealed Order Re Motions to Seal Final (PDF)12 6003 Sealed Order Re Motions to Seal Final (Text)

HP Motion to Seal (PDF)HP Motion to Seal (Text)

CAND ECF History Documents Query (PDF)CAND ECF History Documents Query (Text)

N D Cal 261033 398 3 (PDF)N D Cal 261033 398 3 (Text)

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Filed Under: charles breyer, documents, lawasuit, redacted
Companies: hp

16 Comments

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Ninja (profile), 10 Aug 2015 @ 7:51am

Can't you see, you fools?!? This is HP plotting to force people to print dozens of black ink pages so they will sell more overpriced ink! All the redaction in FOIA and Government documents released is due to this nefarious plan from HP!

/conspiracy-nut

I'd add something trying to link the logo and the letters to the devil but I'm lazy.
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Anonymous Coward, 10 Aug 2015 @ 9:46am

Is it too much to wish...
...that the court faxed this order to HP?
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- That Anonymous Coward (profile), 10 Aug 2015 @ 10:03am
  
  Re: Is it too much to wish...
  sadly black faxing no longer works very well. Even some of the low end HP offerings now digitally store the faxes and save them as docs on pcs.
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  - Michael, 10 Aug 2015 @ 10:06am
    
    Re: Re: Is it too much to wish...
    When did faxing work well?
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    - Mason Wheeler (profile), 10 Aug 2015 @ 10:28am
      
      Re: Re: Re: Is it too much to wish...
      Not faxing in general, black faxing.
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Jason, 10 Aug 2015 @ 9:47am

Sorry if this is a stupid question, but did the lawyers in the case get to see the unredacted response, or was it redacted for them too?

Obviously that would be the more funny and appropriate answer (that they couldn't get to read it either) and a line or two of the article implies that is what happened, but even with everything else lately I'd be a bit surprised if the judge really went that far.
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- Anonymous Coward, 10 Aug 2015 @ 10:38am
  
  Re:
  If you think of it as the Justice employing Logic Reversal, it makes perfect sense.
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- Anonymous Coward, 10 Aug 2015 @ 11:03am
  
  Re:
  Breyer himself doesn't even know what the unredacted response says: before writing it, he remapped his keyboard and turned his monitor off.
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- Lord_Unseen (profile), 10 Aug 2015 @ 2:57pm
  
  Re:
  I'd be surprised if there was anything under those redactions. The footnote makes it pretty clear what he thinks of HP's "requests".
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Espryon (profile), 10 Aug 2015 @ 10:30am

And the award goes to...
But, seriously give this guy an award. Hilarous, lmfao.
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The Bad Anon, 10 Aug 2015 @ 10:43am

What are the chances that the heavily-redacted court order is actually blank underneath the black lines?
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- Dan (profile), 10 Aug 2015 @ 1:07pm
  
  Re:
  I was thinking lorem ipsum instead. It even sounds lawyerly!
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Anonymous Coward, 10 Aug 2015 @ 4:18pm

Most awesome judge ever!!
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Spaceman Spiff (profile), 10 Aug 2015 @ 7:38pm

ROFLMAO!
This judge should be on the Supreme Court of the United States! He doesn't abide nonsense, and takes no prisoners! :-)
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- EMF, 12 Aug 2015 @ 5:16pm
  
  Re: ROFLMAO!
  Well, his brother is.
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pixelation, 10 Aug 2015 @ 9:26pm

This is the kind of judge that deserves the title.
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