Jones v. Colorado Casualty Insurance Company et al
ORDER granting 180 Motion to Seal. The Clerk shall seal Exhibits A through E to Defendant's original Motion in Limine No. 10 which is currently filed at Docket 153 . FURTHER ORDERED denying as moot 153 Motion in Limine. FURTHER ORDERED That Plaintiff's Response to Defendant's Motion in Limine No. 10 (Doc. 176 ) will remain as his response to Defendant's newly-filed Motion in Limine No. 10 (Doc. 182 ). Signed by Senior Judge James A Teilborg on 9/24/15.(MAP)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Anthony H. Jones,
Colorado Casualty Insurance Company, et
Pending before the Court is Defendant Colorado Casualty Insurance Company
(“Defendant”)’s Motion to Seal Exhibits A through E to its Motion in Limine No. 10
Filed at Docket No. 153. (Doc. 180). Defendant contemporaneously filed a new Motion
in Limine No. 10 with redacted versions of the exhibits attached. (Doc. 182). The Court
now rules on the motion.
The Ninth Circuit treats judicial records attached to dispositive motions differently
from records attached to non-dispositive motions. See Kamakana v. City & Cty. of
Honolulu, 447 F.3d 1172, 1179 (9th Cir. 2006) (“The public policies that support the
right of access to dispositive motions, and related materials, do not apply with equal force
to non-dispositive materials.” (citation omitted)). Specifically, while a party who seeks to
seal documents attached to a dispositive motion must meet the rigorous “compelling
reason” standard, “a ‘good cause’ showing under [Federal Rule of Civil Procedure] 26(c)
will suffice to keep sealed records attached to non-dispositive motions.” Id. at 1180
(citation omitted). The “good cause” standard requires a “particularized showing” that
“specific prejudice or harm will result” if the information is disclosed. Phillips ex rel.
Estates of Byrd v. Gen. Motors Corp., 307 F.3d 1206, 1210–11 (9th Cir. 2002) (quotation
On August 12, 2015, Defendant filed its tenth motion in limine accompanied by
five exhibits. Defendant asserts that it inadvertently filed versions of the exhibits that
fully disclosed Plaintiff’s social security number and date of birth. Federal Rule of Civil
Procedure (“Rule”) 5.2 requires parties to redact all but the last four numbers of an
individual’s social security number and all but the year of an individual’s birth in an
electronic or paper filing. Fed. R. Civ. P. 5.2(a). The Court finds that Defendant’s failure
to redact Plaintiff’s personally identifiable information as required by Rule 5.2 meets the
“good cause” standard.
IT IS ORDERED that Defendant’s Motion to Seal (Doc. 180) is granted. The
Clerk shall seal Exhibits A through E to Defendant’s original Motion in Limine No. 10
which is currently filed at Docket 153.
IT IS FURTHER ORDERED that Defendant’s original Motion in Limine No. 10
(Doc. 153) is denied as moot.
IT IS FURTHER ORDERED that Plaintiff’s Response to Defendant’s Motion in
Limine No. 10 (Doc. 176) will remain as his response to Defendant’s newly-filed Motion
in Limine No. 10 (Doc. 182).
Dated this 24th day of September, 2015.
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