Hendow, et al v. Univ of Phoenix

Filing 228

ORDER signed by Judge Garland E. Burrell, Jr on 4/8/09 ORDERING that the University's 225 motion for a sealing order is DENIED; and since the motion is denied, it is unnecessary to reach a decision on the University's 227 request for leave to replace Exh. 1 in the April 6th motion because all the documents the University submitted in conjunction with this motion for in camera review are hereby RETURNED to the University's counsel. (Kastilahn, A)

Download PDF
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On April 6, 2009, Defendant University of Phoenix ("University") filed a motion to seal; and on April 7, 2009, University filed a request for leave of court to replace Exhibit 1 in this motion. However, the University has failed to show in its v. UNIVERSITY OF PHOENIX, Defendant. UNITED STATES OF AMERICA, ex rel. MARY HENDOW and JULIE ALBERTSON, Plaintiffs, ) ) ) ) ) ) ) ) ) ) ) ) 2:03-cv-00457-GEB-DAD ORDER IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA April 6 motion that the sealing order it seeks is appropriate under the applicable standard. See Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006) (discussing sealing standards). Therefore, the University's April 6 motion for a sealing order is denied. Since this motion is denied, it is unnecessary to reach decision on the University's request for leave to replace Exhibit 1 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 in the April 6 motion because all the documents the University submitted in conjunction with this motion for in camera review shall be returned to the University's counsel. See United States v. Baez-Alcaino, 718 F.Supp. 1503, 1506 (M.D.Fla.1989) (explaining that when a judge decides in camera that a document has not been shown appropriate for sealing, the document should be returned to the submitting party, who may then decide what to do). IT IS SO ORDERED. Dated: April 8, 2009 GARLAND E. BURRELL, JR. United States District Judge 2

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?