Friday, July 24, 2026

Germany Lacks PACER Argument Now Formally Before CAND With Inner City Press Docketed as Intervenor

FEDERAL COURT, July 21 – In the Northern District of California's version of the sealing beat this series has tracked from the Eastern District of California to Colorado to Massachusetts, Inner City Press's motion to intervene has now been formally docketed — not as a letter sitting in a chambers inbox, but as an entry with its own docket text, its own deadlines, and its own party designation: Inner City Press, Intervenor.

 The underlying case, In re Ex Parte Application of SGT ELT BidCo GmbH, No. 3:26-mc-80200-JSC, is a Section 1782 application by a German entity seeking U.S. discovery, evidently concerning Summit Partners, L.P., now listed as Defendant, for use in litigation in Germany.

 The Applicant's own papers argued that its filings should be sealed in this country because, although the underlying German proceeding is public and any member of the public may attend its hearings, German courts do not post filings and discovery materials online the way American ones do. Inner City Press's motion, filed July 16, called this what it is: an invitation for American courts to level their own transparency down to whatever a foreign forum happens to publish least — "the strong discovery of the United States, at the disclosure standards of a forum that has no PACER." 

The docket entry, filed by court staff on July 17, does not merely acknowledge the motion. It sets a full briefing schedule: any response is due July 30, 2026; any reply, August 6. That is the architecture this series has argued for since a Colorado magistrate first modeled it — not silence, not an unreasoned grant, but a real schedule on a real docket, with the press listed as a party to it.

 The case was recently reassigned to District Judge Jacqueline Scott Corley under this District's blind, proportionate assignment system. Whether Judge Corley will hold the Applicant to the Ninth Circuit's compelling-reasons standard for its blanket sealing request, or accept the transparency-arbitrage argument advanced in the ex parte papers, will now play out on a public docket, on a public schedule, with Inner City Press formally positioned to be heard. Watch this site.  


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