Order | Filed: July 27, 2026
| Entered: July 27, 2026
Considerate Commerce Inc v. ISP Electronics LLC et al
Property Rights: Copyright | Texas Northern
Order on Motion for Leave to File
ELECTRONIC ORDER ON DEFENDANTS MOTION FOR LEAVE TO FILE APPENDIX UNDER SEAL [Dkt. No. 246]:
Defendants' 246 Motion for Leave to File Appendix Under Seal explains that they "filed their Reply in support of their Amended Motion for Sanctions" and "attached a portion of Mr. Osorio's deposition in support of their Reply" and that "Plaintiff designated this portion of Mr. Osorio's deposition 'CONFIDENTIAL' under to the Agreed Protective Order (Dkt. 115)" and that, "[a]ccordingly, Defendants request that this appendix be sealed." Dkt. No. 246 at 2.
The Court understands that Defendants did not themselves designate this portion of the transcript of Mr. Osorio's deposition testimony at issue.
But their 246 Motion for Leave to File Appendix Under Seal fails to make the showing required under the Court's 99 Standing Order on Filing Materials Under Seal and the governing law.
As another judge in this district has explained, "[l]itigants may very well have a legitimate interest in confidential discovery secured by a protective order under Federal Rule of Civil Procedure 26(c)"; "[t]hat a document qualifies for a protective order under Rule 26(c) for discovery says nothing about whether it should be sealed once it is placed in the judicial record"; after parties have "conducted discovery under a Rule 26(c) protective order and marked various documents 'confidential,'" if a party then "wishes to file some of those documents under seal on the judicial record, a much more strenuous standard kicks in"; and, "[t]o decide whether something should be sealed, the court must undertake a document-by-document, line-by-line balancing of the public's common law right of access against the interests favoring nondisclosure." Carter v. Sw. Airlines Co., No. 3:17-cv-2278-X, 2022 WL 283025, at *1-*2 (N.D. Tex. Jan. 31, 2022) (cleaned up).
Here, Plaintiff has not -- after Defendants filed their 246 Motion for Leave to File Appendix Under Seal -- file its own motion to maintain this material under seal or file a response or supplement to Defendants' 246 Motion for Leave to File Appendix Under Seal to make the required showing as to the excerpt from this deposition transcript that Plaintiff designated as confidential.
The Court will deny the 246 Motion for Leave to File Appendix Under Seal without prejudice to Plaintiff's filing, by Wednesday, August 5, 2026, a motion to maintain under seal the unredacted transcript page filed at Dkt. No. 247, which motion to maintain under seal must strictly comply with the requirements of the Court's Court's 99 Standing Order on Filing Materials Under Seal entered in this case and the governing law. See, e.g., Carter, 2022 WL 283025, at *1-*2.
And, if no motion is filed by that date, the Court will then direct the Clerk of the Court to unseal the filing at Dkt. No. 247.
(Ordered by Magistrate Judge David L. Horan on 7/27/2026.)