Curtis Patton v. Dollar Tree Stores, Inc. et al

Filing 95

ORDER TO SHOW CAUSE by Judge Michael W. Fitzgerald: Pending before the Court is Plaintiff's Application for Leave to File Under Seal 87 . For the reasons stated herein, defendant is ordered to show cause, in writing, by 5/26/2017. *See Order for details.* (cw)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES—GENERAL
Case No. CV 15-03813-MWF(PJWx)
Date: May 23, 2017
Title:
Curtis Patton -v- Dollar Tree Stores, Inc., et al.
Present: The Honorable MICHAEL W. FITZGERALD, U.S. District Judge
Relief Deputy Clerk:
Cheryl Wynn

Court Reporter:
Not Reported

Attorneys Present for Plaintiff:
None Present

Attorneys Present for Defendant:
None Present

Proceedings (In Chambers):

ORDER TO SHOW CAUSE

On May 15, 2017, Plaintiff filed an Application for Leave to File Under Seal
(the “Application” Docket No. 87) certain documents in support of his Opposition to
the currently pending Motion for Summary Judgment (Docket No. 84). In the
Application, Plaintiff stated that “pursuant to Local Rule 79-5.2.2 . . . Defendant will
file a declaration establishing that the designated information is sealable.” (App. at 2).
The usual presumption in the Ninth Circuit favors the public’s right of access to
most judicial records. See, e.g., Pintos v. Pac. Creditors Ass’n, 605 F.3d 665, 677–78
(9th Cir. 2010); Kamakana v. City & Cty. of Honolulu, 447 F.3d 1172, 1178 (9th Cir.
2006). The underlying certification motion here is dispositive. Therefore, the Court
expects the parties to justify the proposed sealing item by item, under the “compelling
reasons” standard. See Kamakana, 447 F.3d at 1179 (noting that compelling reasons
standard applies to dispositive motions, including motions for summary judgment).
Defendant has failed to file any declaration regarding the information proposed
to be sealed. Accordingly, Defendant is ORDERED to show cause, in writing, why
the Court should grant the Application. The response shall be no more than five pages
and shall be submitted by May 26, 2017. The items shall remain under seal until the
Court rules on the Application. If the Application is denied as to any item, the parties
will have the opportunity to withdraw it.
IT IS SO ORDERED.
______________________________________________________________________________
CIVIL MINUTES—GENERAL
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