Goldberg et al v. Pacific Indemnity Company et al

Filing 753

ORDER denying 750 Motion to File Under Seal. Plaintiffs may file an unsealed version of the issue brief if they would like, or they can make the appropriate objections at the appropriate time during trial. The Clerk of the Court shall strike the issue brief currently lodged at Docket #751.. Signed by Judge James A Teilborg on 9/5/08.(DMT, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Mark H. Goldberg, et al., Plaintiffs, vs. Pacific Indemnity Company, et al., Defendants.

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No. CV-05-2670-PHX-JAT ORDER

Plaintiffs have filed a Motion to File Under Seal (Doc. #750). Plaintiffs have filed a Lodged Issue Brief (Doc. #751).1 A party seeking to seal a judicial record bears the burden of overcoming the strong presumption in favor of open access to court documents and proceedings. Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006). Pursuant to Kamakana, 447 F.3d at 1179, and Phoenix Newspapers, Inc. v. United States District Court for the District of Arizona, 156 F.3d 940, 946-47 (9th Cir. 1998), Plaintiffs must provide compelling reasons for sealing the brief and the transcript of any proceedings regarding the brief. The Court finds that Plaintiffs have not provided compelling reasons for sealing the issue brief.2 The Court notes that the Lodged Issue Brief exceeds the Court's three-page limit for trial briefs. Sealing documents may be appropriate when court files might become a vehicle for improper purposes, such as the use of records to promote public scandal or to circulate
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Accordingly, IT IS ORDERED DENYING Plaintiffs' Motion to File Under Seal (Doc. #750). Plaintiffs may file an unsealed version of the issue brief if they would like, or they can make the appropriate objections at the appropriate time during trial. IT IS FURTHER ORDERED that the Clerk of the Court shall strike the issue brief currently lodged at Docket #751. DATED this 5th day of September, 2008.

libelous statements. Kamakana, 447 F.3d at 1179. But in this case, it is the Plaintiffs that would be spreading allegedly improper characterizations by filing the brief. -2-