Wilson et al v. 604471 Ontario, Inc. et al

Filing 47

ORDER signed by Judge Lawrence K. Karlton on 4/25/2013 ORDERING 46 The court DECLINES to order the filing of a redacted document that it has had no opportunity to review. Defendant Metals USA, Inc. is DIRECTED to submit points and authorities, decl arations, and any other materials necessary to support the sealing of those exhibits it wishes to seal, and to identify in an accompanying statement those exhibits that it does not wish to seal. Defendant is to email these documents no later than 11:59 PM PDT on 5/9/2013. If plaintiff wishes to file a redacted complaint, it is DIRECTED to email the proposed redacted complaint to no later than 11:59 PM PDT on 5/9/2013. (Reader, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JAMES WILSON, an individual,
and JACK WHITE and RITA
WHITE, a married couple,
on behalf of themselves
and all others similarly
situated,

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NO. CIV. S-12-0568 LKK/GGH
Plaintiffs,

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v.
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O R D E R
METALS USA, INC., a Delaware
Corporation; R. ALLAN REID,
an individual and DOES 1-100,
inclusive,

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Defendants.
/

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By

order

dated

February

20,

2013,

the

court

directed

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plaintiffs to file their amended complaint no later than April 15,

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2013. (ECF No. 40.) On April 15, 2013, plaintiffs filed a document

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entitled “Notice of Request to Seal Documents and to File Redacted

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Version of Second Amended Class Action Complaint.” (“Notice of

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Request to Seal,” ECF No. 46.) They simultaneously lodged with the

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court copies of (i) their Second Amended Class Action Complaint
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(“SAC”) and twenty-eight exhibits thereto, (ii) a document entitled

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“Request to Seal Documents and to File Redacted Version of Second

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Amended Class Action Complaint” (“Request to Seal”), and (iii) a

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proposed order.

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The Request to Seal seeks to file under seal fifteen exhibits

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to the SAC. But it only includes points and authorities in support

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of sealing one exhibit.1 The remaining exhibits appear to have been

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designated

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protective order entered by the magistrate judge on March 6, 2013,

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as

“Confidential”

pursuant

to

a

stipulation

and

which reads in pertinent part:

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The party filing any paper that contains, summarizes, or
reflects any such Protected Materials shall request that
the material be filed under seal pursuant to the
procedures set forth in Eastern District of California
Local Rule 141. The request that the material be filed
under seal shall be directed to the judge to whom the
papers are directed. Any party or nonparty that produced
the Confidential Information that is conditionally
lodged under seal may file a motion to permit the
Confidential Information to be filed under seal pursuant
to Local Rule 141. (ECF No. 41 at 5:24 - 6:2.)

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To date, defendant Metals USA, Inc. has not filed any documents in

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support of the sealing of these exhibits.

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Notably omitted from the lodged documents is the redacted

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complaint referenced in the Notice of Request to Seal and the

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proposed order. The court declines to order the filing of a

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redacted document that it has had no opportunity to review.

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In light of the foregoing, the court orders as follows:

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[1] Defendant Metals USA, Inc. is DIRECTED to submit points

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1

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A forthcoming order will address whether this exhibit may
be filed under seal.
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and

authorities,

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necessary to support the sealing of those exhibits it wishes

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to seal, and to identify in an accompanying statement those

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exhibits that it does not wish to seal. Defendant is to email

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these documents to [e-mail] no later than

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11:59 p.m. PDT on Thursday, May 9, 2013.

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[2] If plaintiff wishes to file a redacted complaint, it is

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DIRECTED

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[e-mail] no later than 11:59 p.m. PDT on

to

declarations,

email

the

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IT IS SO ORDERED.

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DATED:

proposed

Thursday, May 9, 2013.

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and

April 25, 2013.

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any

other

redacted

materials

complaint

to