Jones v. Colorado Casualty Insurance Company et al
Filing
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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)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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Anthony H. Jones,
No. CV-12-01968-PHX-JAT
Plaintiff,
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v.
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ORDER
Colorado Casualty Insurance Company, et
al.,
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Defendants.
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Pending before the Court is Defendant Colorado Casualty Insurance Company
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(“Defendant”)’s Motion to Seal Exhibits A through E to its Motion in Limine No. 10
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Filed at Docket No. 153. (Doc. 180). Defendant contemporaneously filed a new Motion
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in Limine No. 10 with redacted versions of the exhibits attached. (Doc. 182). The Court
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now rules on the motion.
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I.
Legal Standard
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The Ninth Circuit treats judicial records attached to dispositive motions differently
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from records attached to non-dispositive motions. See Kamakana v. City & Cty. of
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Honolulu, 447 F.3d 1172, 1179 (9th Cir. 2006) (“The public policies that support the
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right of access to dispositive motions, and related materials, do not apply with equal force
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to non-dispositive materials.” (citation omitted)). Specifically, while a party who seeks to
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seal documents attached to a dispositive motion must meet the rigorous “compelling
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reason” standard, “a ‘good cause’ showing under [Federal Rule of Civil Procedure] 26(c)
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will suffice to keep sealed records attached to non-dispositive motions.” Id. at 1180
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(citation omitted). The “good cause” standard requires a “particularized showing” that
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“specific prejudice or harm will result” if the information is disclosed. Phillips ex rel.
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Estates of Byrd v. Gen. Motors Corp., 307 F.3d 1206, 1210–11 (9th Cir. 2002) (quotation
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omitted).
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II.
Analysis
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On August 12, 2015, Defendant filed its tenth motion in limine accompanied by
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five exhibits. Defendant asserts that it inadvertently filed versions of the exhibits that
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fully disclosed Plaintiff’s social security number and date of birth. Federal Rule of Civil
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Procedure (“Rule”) 5.2 requires parties to redact all but the last four numbers of an
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individual’s social security number and all but the year of an individual’s birth in an
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electronic or paper filing. Fed. R. Civ. P. 5.2(a). The Court finds that Defendant’s failure
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to redact Plaintiff’s personally identifiable information as required by Rule 5.2 meets the
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“good cause” standard.
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Accordingly,
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IT IS ORDERED that Defendant’s Motion to Seal (Doc. 180) is granted. The
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Clerk shall seal Exhibits A through E to Defendant’s original Motion in Limine No. 10
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which is currently filed at Docket 153.
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IT IS FURTHER ORDERED that Defendant’s original Motion in Limine No. 10
(Doc. 153) is denied as moot.
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IT IS FURTHER ORDERED that Plaintiff’s Response to Defendant’s Motion in
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Limine No. 10 (Doc. 176) will remain as his response to Defendant’s newly-filed Motion
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in Limine No. 10 (Doc. 182).
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Dated this 24th day of September, 2015.
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