Valente v. Keller Williams Realty Inc. et al.

Filing 3

ORDER DENYING 2 Plaintiff's Request to Seal Documents, signed by Magistrate Judge Jennifer L. Thurston on 2/21/2017. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROBERT VALENTE,

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Plaintiff,

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v.

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KELLER WILLIAMS LLP,
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Defendants.
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Case No.: 1:17-cv-00218 LJO JLT
ORDER DENYING PLAINTIFF’S REQUEST TO
SEAL DOCUMENTS
(Doc. 2)

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In this action, the plaintiff alleges that he purchased a home in Tennessee in a housing

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developed named for the founder of the KKK. (Doc. 1 at 3) He sues many parties including his real

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estate broker who handled the purchase for him for, seemingly, failing to advise him of the

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significance of the namesake of the development. Id. at 2. Likewise, he seems to claim that the home

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he purchased had a racist “image” disguised in the “artwork of the home’s fireplace mantle” and that

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the broker was aware of the image but failed to notify him of its existence before his purchase. Id. at 3.

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Currently before Court is Plaintiff’s request to seal his “personal information, plaintiff’s ex-

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wife’s personal information and plaintiff’s family’s personal information” and any such information,

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such as the address of his home in Tennessee, which would reveal his identity. (Doc. 2) He asserts

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that the founder of the KKK “is revered by a significant number of persons through out [sic] our

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country, some of whom doubtless reside in the Eastern District of California. In Kern county [sic] for

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instance, while not common, it is not unusual to see a Confederate battle flag on a vehicle or a home.”
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Id. at 1-2. He asserts also that the tortfeasors he identifies in his complaint “have demonstrated they

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are capable of extreme acts.” Id. at 2. However, other than the acts alleged in the complaint, he fails to

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explain to what “extreme acts” he refers. Id. The plaintiff reports also that he intends to introduce

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pictures of the founder of the KKK, Adolf Hitler and a swastika that he claims was hidden in his home

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as evidence in this case and that it is well known that some people “obsess about [these] figures.” Id.

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Given this, he concludes that this lawsuit places him in danger and subjects him to hate based threats.

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Id.

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Because the request fails to comply with Local Rule 141, which requires Plaintiff detail the

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legal authority supporting that the information should be shielded from public view or to offer any

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evidence—other than his mere speculation related to risk of danger—that sealing is appropriate in this

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case, the request is DENIED.

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I.

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Legal Authority
The request to seal documents is controlled by Federal Rule of Civil Procedure 26(c). The

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Rule permits the Court to issue orders to “protect a party or person from annoyance, embarrassment,

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oppression, or undue burden or expense, including . . . requiring that a trade secret or other

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confidential research, development, or commercial information not be revealed or be revealed only in

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a specified way.” Only if good cause exists may the Court seal the information from public view after

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balancing “the needs for discovery against the need for confidentiality.’” Pintos v. Pac. Creditors

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Ass’n, 605 F.3d 665, 678 (9th Cir. Cal. 2010) (quoting Phillips ex rel. Estates of Byrd v. Gen. Motors

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Corp., 307 F.3d 1206, 1213 (9th Cir. 2002)).

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Generally, documents filed in civil cases are presumed to be available to the public. EEOC v.

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Erection Co., 900 F.2d 168, 170 (9th Cir. 1990); see also Kamakana v. City and County of Honolulu,

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447 F.3d 1172, 1178 (9th Cir.2006); Foltz v. State Farm Mut. Auto Ins. Co., 331 F.3d 1122, 1134 (9th

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Cir.2003). Documents may be sealed only when the compelling reasons for doing so outweigh the

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public’s right of access. EEOC at 170. In evaluating the request, the Court considers the “public

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interest in understanding the judicial process and whether disclosure of the material could result in

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improper use of the material for scandalous or libelous purposes or infringement upon trade secrets.”

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Valley Broadcasting Co. v. United States District Court, 798 F.2d 1289, 1294 (9th Cir. 1986).
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Notably, this Court’s Local Rule 141 sets forth, procedurally, how a request to seal documents

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should proceed. The Rules requires a demonstration of the compelling need for the information to be

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shielded from public view. L.R. 141(b). As noted above, the request relies only on plaintiff’s

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generalized fear and offers no substantive reason on which the Court may rely to conclude that

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personal identifiers should be sealed. Moreover, seemingly, the plaintiff predicts “extreme acts” by

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his broker, Bank of America, W.R. Starkey Mortgage LLP and the myriad of other named defendants

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without any showing whatsoever that this is likely to occur. Indeed, there is no suggestion of any legal

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authority to justify the defendants not knowing the identity of the party who sues them.

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ORDER

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Based upon the foregoing, the Court ORDERS:

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Plaintiff’s request to seal is DENIED.

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IT IS SO ORDERED.
Dated:

February 21, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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