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)

Download PDF
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 1

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?