Albee v. Continental Tire North America, et al.

Filing 151

ORDER signed by Senior Judge Lawrence K. Karlton on 11/30/10, ORDERING that the Court tentatively GRANTS dft Continental's application 150 to seal Exhibit A to its motion to exclude pltf's retained expert, Troy Cottles. The Court will revisit whether these documents should be permanently sealed at a later time, when it is possible to perform the fact specific analysis required by Foltz.(Kastilahn, A)

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Albee v. Continental Tire North America, et al. Doc. 151 1 2 3 4 5 6 7 8 9 DONALD HAYES ALBEE, 10 NO. CIV. S-09-1145 LKK/EFB 11 12 13 14 15 16 Defendants. 17 18 19 20 21 22 23 24 25 26 / On November 22, 2010, defendant Continental Tire North America Inc. ("Continental") filed an application to file Exhibit A to its motion to exclude plaintiff's retained expert, Troy Cottles, under seal. ECF No. 150. There is a strong presumption in favor of public access to documents filed in connection with dispositive motions, and this presumption weighs against sealing such documents. v. ORDER CONTINENTAL TIRE NORTH AMERICA, INC., An Ohio Corporation, and FORD1 MOTOR COMPANY, INC., a Delaware Corporation, Plaintiff, UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA Kamakana v. City & County of Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006). In the context of a dispositive motion, "the district court must base its decision [to seal materials] on a compelling 1 Dockets.Justia.com 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 reason and articulate the factual basis for its ruling, without relying on hypothesis or conjecture." Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1135 (9th Cir. 2003). For the foregoing reasons, the Court tentatively GRANTS defendant Continental's application. Continental is cautioned, however, that this sealing is tentative. Kamakana, 447 F.3d at 1186. The Court will revisit whether these documents should be permanently sealed at a later time, when it is possible to perform the fact specific analysis required by Foltz. IT IS SO ORDERED. DATED: November 30, 2010. 2

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