Olney v. Job.Com, Inc.

Filing 159

ORDER DENYING as MOOT PLAINTIFF'S REQUEST TO SEAL 153 . Order signed by Magistrate Judge Sheila K. Oberto on 7/17/2014. (Timken, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PETER OLNEY, individually and on behalf of
all others similarly situated,
Plaintiff,

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Case No. 1:12-cv-01724-LJO-SKO
ORDER DENYING AS MOOT
PLAINTIFF'S REQUEST TO SEAL

v.
(Docket No. 153)
JOB.COM, and WINDY CITY CALL
CENTER, LLAC
Defendants,

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_____________________________________/

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On July 7, 2014, Peter Olney (Plaintiff") filed a Notice of Request to Seal Documents.

23 (Doc. 153.) Plaintiff wishes to seal Exhibit 1, which is an audio CD, which Plaintiff received from
24 Defendant Job.com during the course of discovery. The CD was marked "confidential" pursuant
25 to a private confidentiality agreement among the parties. The parties currently dispute whether the
26 CD was appropriately marked confidential pursuant to the agreement. The parties' discovery
27 dispute regarding the confidentiality designation is set to be heard on July 30, 2014. Plaintiff has
28 submitted the CD to the Court to be considered as part of the discovery dispute.

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The Court's electronic filing system, CM/ECF does not have the capability to upload or

2 otherwise "file" an audio CD. As a result, the CD will not be publicly available and has been
3 lodged with the Court for purposes of the discovery motion only. As the CD is not capable of
4 being "filed" on the docket and it will be lodged only, there is nothing for the Court to "seal."
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Accordingly, Plaintiff's motion to seal is DENIED as moot.

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IT IS SO ORDERED.
Dated:

July 17, 2014

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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