Administrative Motion to File Under Seal Exhibit B and Exhibit C… — United States v. Visa Inc. and Plaid Inc. (Dkt. 58)

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This is Defendant Plaid Inc.'s Administrative Motion to File Under Seal, Doc. 58, dated December 11, 2020, in United States of America v. Visa Inc. and Plaid Inc., Case No. 4:20-cv-07810-JSW, U.S. District Court for the Northern District of California. Under Civil Local Rules 7-11 and 79-5, Plaid asks leave to file under seal limited portions of the Quint Declaration (Exhibit C) and the Fatemi Declaration (Exhibit B) attached to the Joint Case Management Statement and Discovery Plan. It states that the Quint Declaration contains sensitive business information relating to Plaid's human resources and the Fatemi Declaration contains confidential information on Plaid's financial operations. Redacted versions are being filed, and the signature block shows /s/ Justina Sessions.

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ADMIN. MOT. TO FILE UNDER SEAL
CASE NO.: 4:20-cv-07810-JSW 
Jonathan M. Jacobson, SBN 1350495 
WILSON SONSINI GOODRICH & ROSATI 
Professional Corporation 
1301 Avenue of the Americas, 40th Floor 
New York, New York 10019 
Telephone: (212) 497-7758 
Facsimile: (212) 999-5899 
Email: jjacobson@wsgr.com 
Justina K. Sessions, SBN 270914 
Benjamin S. Labow, SBN 229443 
WILSON SONSINI GOODRICH & ROSATI 
Professional Corporation 
One Market Plaza, Spear Tower, Suite 3300 
San Francisco, California 94105 
Telephone: (415) 947-2000 
Facsimile: (415) 947-2099 
Email: jsessions@wsgr.com 
Email: blabow@wsgr.com
Counsel for Defendant Plaid Inc.
Scott A. Sher, SBN 190053 
Michelle Yost Hale (pro hac vice) 
Robin S. Crauthers (pro hac vice) 
Katie R. Glynn, SBN 300524 
WILSON SONSINI GOODRICH & ROSATI 
Professional Corporation 
1700 K Street NW, Fifth Floor 
Washington, DC 20006 
Telephone: (202) 973-8800 
Facsimile: (202) 973-8899 
Email: ssher@wsgr.com 
Email: mhale@wsgr.com 
Email: rcrauthers@wsgr.com
Email: kglynn@wsgr.com 
UNITED STATES DISTRICT COURT 
NORTHERN DISTRICT OF CALIFORNIA 
UNITED STATES OF AMERICA, 
Plaintiff,
v. 
VISA INC. and PLAID INC., 
Defendants. 
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CASE NO.: 4:20-cv-07810-JSW 
DEFENDANT PLAID INC.’S 
ADMINISTRATIVE MOTION TO 
FILE UNDER SEAL  
Case 4:20-cv-07810-JSW   Document 58   Filed 12/11/20   Page 1 of 4

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ADMIN. MOT. TO FILE UNDER SEAL
CASE NO.: 4:20-cv-07810-JSW
Pursuant to Civil Local Rules 7-11 and 79-5, Defendant Plaid Inc. (“Plaid”) respectfully 
submits this Motion for Leave to File Under Seal:  
a.
Limited portions of the Declaration of McKenna Quint in Support of Plaid’s 
Proposed Trial Date (“Quint Declaration”), which is attached as Exhibit C to the 
Joint Case Management Statement and Discovery Plan; and 
b. Limited portions of the Declaration of Pouya Fatemi in Support of Plaid’s Proposed 
Trial Date (“Fatemi Declaration”), which is attached as Exhibit B to the Joint Case 
Management Statement and Discovery Plan. 
This motion is accompanied by the Declaration of Justina Sessions in support of Plaid’s 
Motion to Seal (“Sealing Declaration”) and a proposed order in accordance with Civil Local Rules 
7-11 and 79-5.  Redacted versions of the Fatemi Declaration and Quint Declaration are being filed, 
pursuant to the Court’s Local Rules. 
LEGAL STANDARD 
Civil Local Rule 79-5 allows the Court to seal documents, or portions thereof, if the request 
is “narrowly tailored” and the party establishes that the information is “privileged, protectable as a 
trade secret or otherwise entitled to protection under the law.”  Civ. L.R. 79-5(b).  Because the 
instant Motion relates to a non-dispositive filing—exhibits to a Case Management Statement—the 
“strong presumption in favor of access” does not apply and Plaid must only show “good cause” to 
file the documents under seal under Federal Rule of Civil Procedure 26(c).  Kamakana v. City & 
Cnty. Of Honolulu, 447 F.3d 1172, 1178-80 (9th Cir. 2006) (citations omitted). 
ARGUMENT
As set forth in the attached Sealing Declaration, the Quint Declaration contains sensitive 
business information relating to Plaid’s human resources.  Publication of this information could 
cause Plaid competitive harm, as it would give Plaid’s competitors insight into this confidential 
information.  Given the likelihood of harm to Plaid if this information were to be published, good 
cause exists to keep it under seal.  In fact, courts have previously ordered that human resources 
information be kept under seal.  See, e.g., Barnes v. Hershey Co., No. 3:12-cv-01334-CRB, 2015 
U.S. Dist. LEXIS 52330, at *10-11 (N.D. Cal. Apr. 21, 2015) (granting a motion to seal a document 
Case 4:20-cv-07810-JSW   Document 58   Filed 12/11/20   Page 2 of 4

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ADMIN. MOT. TO FILE UNDER SEAL
CASE NO.: 4:20-cv-07810-JSW
that contained “sales and recruitment strategy” because disclosure “would put [the party] at a 
competitive disadvantage by revealing its internal talent planning” and because “the emails bear 
only tangentially on the matters at issue in this litigation, such that the public interest in disclosure 
is minimal”). Plaid has narrowly tailored its request by seeking to redact only the sensitive portions 
of the Quint Declaration.  The remaining portions of the Quint Declaration will be made publicly 
available, as will the Case Management Statement to which it is attached.   
Further, the Fatemi Declaration contains confidential information on Plaid’s financial 
operations.  Plaid, a private company, does not make public the sensitive information in the Fatemi 
Declaration.  Publishing this information could cause Plaid competitive harm, as it would provide 
Plaid’s competitors and the marketplace insight into its internal financial operations.  Good cause 
exists to keep this information under seal and to avoid causing harm to Plaid, particularly given the 
minimal public interest in receiving this information.  See, e.g., Verinata Health, Inc. v. Ariosa 
Diagnostics, Inc., No. 12-cv-05501-SI, 2015 U.S. Dist. LEXIS 54912, at *10 (N.D. Cal. Apr. 24, 
2015) (holding that good cause existed to keep “confidential and commercially sensitive information 
about [the party’s] financials, pricing, and marketing strategy, including [the party’s] financial 
forecasts” under seal because “public disclosure of this information may result in substantial 
competitive harm by providing competitors insight into internal finances”).  As with the Quint 
Declaration, Plaid seeks only to keep limited portions of the Fatemi Declaration under seal, and will 
be publicly filing a redacted version of the Fatemi Declaration.   
CONCLUSION
For the reasons set forth above and in the Sealing Declaration filed concurrently herewith, 
Plaid respectfully requests that the Court grant this Motion and order that the unredacted Quint 
Declaration and Fatemi Declaration be filed under seal. 
Case 4:20-cv-07810-JSW   Document 58   Filed 12/11/20   Page 3 of 4

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ADMIN. MOT. TO FILE UNDER SEAL
CASE NO.: 4:20-cv-07810-JSW
Dated: December 11, 2020 
Respectfully submitted, 
WILSON SONSINI GOODRICH & ROSATI 
Professional Corporation 
/s/ Justina Sessions     .
Justina K. Sessions 
Counsel for Defendant Plaid Inc. 
Case 4:20-cv-07810-JSW   Document 58   Filed 12/11/20   Page 4 of 4

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