Madrigal v. Nationstar Mortgage LLC et al

Filing 71

ORDER GRANTING IN PART REQUEST TO SEAL DOCUMENTS. IT IS HEREBY ORDERED that Defendant Nationstar Mortgage LLCs request to file documents under seal is GRANTED, and within four (4) days of the date of entry of this order, Defendant Nationstar Mortgage LLC shall email a copy of the unredacted documents to saborders@caed.uscourts.gov so that they may be filed under seal. Signed by Magistrate Judge Stanley A. Boone on 3/1/2017. (Hernandez, M)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 NORMA MADRIGAL, 12 Plaintiff, 13 Case No. 1:15-cv-00809-SAB ORDER GRANTING IN PART REQUEST TO SEAL DOCUMENTS v. (ECF No. 70) 14 NATIONSTAR MORTGAGE LLC, et al., 15 Defendants. FOUR DAY DEADLINE 16 17 On January 31, 2017, Defendant Nationstar Mortgage LLC filed a motion for summary 18 judgment and a motion to filed documents in support of the motion under seal. On February 21, 19 2017, an order issued finding that Defendant had not shown that compelling reasons exist to seal 20 the documents. See Kamakana v. City & Cnty. of Honolulu, 447 F.3d 1172, 1179 (9th Cir. 21 2006) (“compelling reasons must be shown to seal judicial records attached to a dispositive 22 motion”). On February 27, 2017, Defendant filed a supplement to the motion for summary 23 judgment and a renewed notice to file documents under seal. 24 The supplement filed on February 27, 2017 contains the documents that Defendant 25 originally requested be filed under seal. While the original documents requested to be sealed 26 contained redactions some additional redactions have been made to the documents filed in the 27 supplement. Defendant’s current request is for the Court to seal the following records because 28 they contain nonpublic, personal information of the nonparty borrower who obtained the loan at 1 1 issue in the lawsuit: 2 • 3 4 • 5 • 6 7 8 • • The sources of Nationstar’s knowledge of the loan and Nationstar’s testimony about the loan, payments made on the loan, escrow calculations, communications sent to the borrower, servicing of the loan, and Nationstar’s business records and practices. (Nationstar’s Decl., ¶¶ 1-7.) Loan origination information and information regarding the prior servicer of the loan. (Id. at ¶¶ 8, 10-14.) The monthly payments owed, payments received, payments applied to the loan, and payments returned. (Id. at ¶ 9, 16, 18-23, 25, 27, 28-31, Exs. 4-8 (Statements), Ex. 9 (Payment History), Ex. 11 (Collection History).) Escrow history of the loan. (Id. at ¶ 15, 17-23, Ex. 3 (Escrow Disclosure Statement), Exs. 4-8 (Statements), Ex. 9 (Payment History).) Default and foreclosure notices sent to the borrower. (Id. at ¶¶ 24, 26, Ex. 10 (Notice).) 9 (Def. Nationstar Mortgage LLC’s Renewed Mot. To Seal Docs. 4, ECF No. 70.) 10 Defendant seeks to seal Nationstar’s declaration filed in support of the motion for 11 summary judgment. This appears to refer to the declaration of Nationstar Mortgage LLC in 12 Support of Motion for Summary Judgment which was filed in the public record on February 27, 13 2017. (ECF No. 69-2 at 1-7.) Further, the information contained within this declaration is set 14 forth in Defendant’s motion for summary judgment. (See Statement of Undisputed Facts, ECF 15 No. 62.) As this document and the information set forth within has been filed in the public 16 record, the request to file the document under seal is denied. 17 Defendant also seeks to file the annual escrow disclosure statement (Exhibit 3), monthly 18 payment information (Exhibits 4-8), payment history (Exhibit 9),default and foreclosure notices 19 (Exhibit 10), and collection history (Exhibit 11) under seal. These documents have been filed in 20 the record with redactions. The Court construes Plaintiff’s motion as a request to file unredacted 21 documents under seal. 22 Upon review of the information that has been redacted from the documents filed in the 23 public record, the Court finds that compelling reasons exist to file the unredacted documents 24 under seal to protect the privacy of the non-party borrower in this action. The Court has 25 reviewed the documents submitted by Defendant to be filed under seal and they are not 26 unredacted copies of the documents. Accordingly, Defendant will be required to submit 27 unredacted copies of the documents so that they may be filed under seal. 28 / / / 2 Based on the foregoing, IT IS HEREBY ORDERED that Defendant Nationstar Mortgage 1 2 LLC’s request to file documents under seal is GRANTED, and within four (4) days of the date of 3 entry of this order, Defendant Nationstar Mortgage LLC shall email a copy of the unredacted 4 documents to saborders@caed.uscourts.gov so that they may be filed under seal. 5 6 IT IS SO ORDERED. 7 Dated: March 1, 2017 UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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?