Gooden v. Suntrust Mortgage, Inc., et al.,

Filing 71

ORDER signed by Judge John A. Mendez on 8/9/2013 GRANTING 70 REQUEST to Conditionally Seal Documents. (Donati, J)

Gooden v. Suntrust Mortgage, Inc., et al.,

Doc. 71

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NIALL P. McCARTHY (SBN 160175)
[e-mail]
JUSTIN T. BERGER (SBN 250346)
[e-mail]
ERIC J. BUESCHER (SBN 271323)
[e-mail]
COTCHETT, PITRE & McCARTHY, LLP
840 Malcolm Road
Burlingame, California 94010
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Plaintiffs and the Class

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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SHEILA GOODEN, an individual; and
MICHELLE HALL, an individual,

Case No. 2:11-cv-02595-JAM-DAD

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Plaintiffs,
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vs.

PLAINTIFFS’ REQUEST AND ORDER
TO CONDITIONALLY SEAL
DOCUMENTS

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SUNTRUST MORTGAGE, INC.,
a Virginia corporation,
Defendant.

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PLAINTIFFS’ REQUEST AND [PROPOSED] ORDER TO CONDITIONALLY SEAL
DOCUMENTS; Case No. 2:11-cv-02595-JAM-DAD
Dockets.Justia.com

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REQUEST TO CONDITIONALLY SEAL DOCUMENTS
PLEASE TAKE NOTICE that pursuant to Local Rule 141 and to the Stipulated Protective

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Order and Confidentiality Agreement entered in this case [Docket No. 40], Plaintiffs seek court

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approval to file their Opposition to Defendant’s Motion to Dismiss the First Amended Complaint,

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the Declaration of Eric J. Buescher in Support thereof and its attached exhibit under seal.

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1.

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The parties’ Stipulated Protective Order provides:
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The Parties shall have the right to designate as confidential any
documents, things and information produced in compliance to a discovery
request or other requirement of the rules of discovery which contains trade
secrets, confidential research, development, commercial or financial
information or any other proprietary or confidential business information.

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All Confidential Documents and any papers containing
information contained therein or derived therefrom that are filed with the
Judge shall be filed in accordance with Local Rules 141 and 141.1(e).

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[Docket No. 40].
2.

Defendants have designated the document attached as Exhibit 1 to the Declaration

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of Eric J. Buescher as “CONFIDENTIAL.” Plaintiffs do not believe that the document is

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properly designated as “CONFIDENTIAL” under the Protective Order, and reserve their right to

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challenge that designation. However, Plaintiffs request that the Court allow the Opposition to

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Defendant’s Motion to Dismiss the First Amended Complaint, the Declaration of Eric J. Buescher

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in Support thereof and its attached exhibit to be filed under seal to avoid disclosing the

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information designated as “CONFIDENTIAL” in Plaintiffs’ Opposition to Defendant’s Motion to

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Dismiss the First Amended Complaint, the Declaration of Eric J. Buescher in Support thereof and

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its attached exhibit.

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3.

The following portions of Plaintiffs’ Opposition to Defendant’s Motion to Dismiss

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First Amended Complaint include or are derived from the exhibit Defendant has marked as

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“CONFIDENTIAL;”

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Page 1, lines 8-9 (bolded text);

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Page 1, lines 12-13;

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Page 1, line 27;

PLAINTIFFS’ REQUEST AND [PROPOSED] ORDER TO CONDITIONALLY SEAL
DOCUMENTS; Case No. 2:11-cv-02595-JAM-DAD

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Page 4, lines 23 to page 5, line 7;

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Page 5, lines 10-12 (bolded text);

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Page 5, lines 13-14; and

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Page 11, lines 13-15.

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Under Local Rule 141, Plaintiffs hereby submit this Request to Conditionally Seal

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Documents for a period of seven (7) days in order to provide time for Defendant to make a

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showing that the document is properly designated as “CONFIDENTIAL” under the protective

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order and to seek to have the document permanently placed under seal, a Proposed Order, along

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with the Opposition to Defendant’s Motion to Dismiss the First Amended Complaint, the

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Declaration of Eric J. Buescher in Support thereof and its attached exhibit for filing under seal.
5.

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Conditionally Seal Documents. Defense counsel requested that the documents be filed under seal.
6.

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Plaintiffs’ counsel conferred with defense counsel about filing this Request to

Plaintiffs request that the documents be file-stamped as of today’s date, August 7,

2013.
WHEREFORE, Plaintiffs respectfully request that this Court grant Plaintiffs’ Request to

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Conditionally Seal the Opposition to Defendant’s Motion to Dismiss the First Amended

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Complaint, the Declaration of Eric J. Buescher in Support thereof and its attached, and the relief

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requested herein.

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Respectfully Submitted,

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Dated: August 7, 2013

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COTCHETT, PITRE & McCARTHY, LLP
By:

/s/ Eric J. Buescher
ERIC J. BUESCHER
Attorneys for Plaintiffs and the Class

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PLAINTIFFS’ REQUEST AND [PROPOSED] ORDER TO CONDITIONALLY SEAL
DOCUMENTS; Case No. 2:11-cv-02595-JAM-DAD

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ORDER

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Plaintiffs’ Request to Conditionally Seal their Opposition to Defendants’ Motion to

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Dismiss, the Declaration of Eric J. Buescher in support of the same and the document attached as

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Exhibit 1 to that declaration is GRANTED.

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The documents shall be filed conditionally under seal for a period of seven (7) days. If

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Defendant wishes to have the documents remain under seal, it shall provide to the Court the

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reasons for doing so pursuant to the paragraph one of the parties stipulated protective order and

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Local Rules 141 and 141.1

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Plaintiffs’ Opposition to Defendants’ Motion to Dismiss, the Declaration of Eric J.

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Buescher in support of the same and the document attached as Exhibit 1 to that declaration shall

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be file-stamped with the date of August 7, 2013.

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IT IS SO ORDERED.

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Dated: 8/9/2013

/s/ John A. Mendez__________________
THE HONORABLE JOHN A. MENDEZ
U. S. DISTRICT COURT JUDGE

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PLAINTIFFS’ REQUEST AND [PROPOSED] ORDER TO CONDITIONALLY SEAL
DOCUMENTS; Case No. 2:11-cv-02595-JAM-DAD

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