Samuels v. Owens-Brockway Glass Container Inc.

Filing 52

ORDER signed by Judge Garland E. Burrell, Jr. on 12/9/2014 ORDERING that Plaintiff's 35 Request to Seal Documents is DENIED. Further, since Local Rule 141(e)(1) prescribes that if a sealing "[r]equest is denied in full or in part, the C lerk will return to the submitting party the documents for which sealing has been denied," the documents emailed to the courtroom deputy clerk for judicial in camera consideration are treated as having been returned to the moving parties. (Zignago, K.)

Download PDF
1 2 3 4 UNITED STATES DISTRICT COURT 5 EASTERN DISTRICT OF CALIFORNIA 6 7 ELIZABETH SAMUELS, 8 Plaintiff, 9 10 No. 2:13-cv-00713-GEB-DAD v. ORDER DENYING PLANITIFF’S SEALING REQUEST OWENS-BROCKWAY GLASS CONTAINER, INC., 11 Defendant*. 12 13 14 On December 4, 2014, Plaintiff submitted for in camera 15 consideration a Request to Seal Documents, a proposed sealing 16 order, 17 sought to be sealed are referenced in a publicly filed Notice of 18 Request to Seal Documents as “[p]artially redacted spreadsheets 19 marked ‘Confidential’ listing bottles manufactured at Defendant’s 20 Tracy California plant during the years 2008 through 2012 and 21 Bates 22 through OB03488.” (Not. of Req. to Seal 1:25-28, ECF No. 35.) and the stamped documents OB03440 sought through to be OB03450 sealed. and The OB3474 documents — OB03474 23 Plaintiff “requests that the [referenced] documents be 24 filed under seal” as Exhibit 1 to her opposition to Defendant’s 25 pending 26 produced in discovery in this action pursuant to a Stipulated summary judgment motion, arguing the documents “were 27 * 28 The caption has been amended according to the automatic dismissal of Doe Defendants. (See Status Order 2:1-4, ECF No. 11.) 1 1 Protective 2 [Defendant’s] proprietary interests.” (Pl.’s Req. to Seal 1:27- 3 2:9.) Plaintiff further argues that “[p]ublic access to these 4 documents would reveal a legitimate trade secret.” (Id. at 2:4- 5 5.) 6 Order,” Plaintiff and “disclosure neither [thereof] discusses the will compromise applicable sealing 7 standard in her Request to Seal Documents, nor demonstrates that 8 it has been met. See E.D. Cal. 141(b) (“The ‘Request to Seal 9 Documents’ shall set forth the statutory or other authority for 10 sealing 11 attached to a dispositive motion or one that is presented at 12 trial must articulate ‘compelling reasons’ in favor of sealing.” 13 Williams v. U.S. Bank Ass’n, 290 F.R.D. 600, 604 (E.D. Cal. 2013) 14 (quoting Kamakana v. City and Cnty. of Honolulu, 447 F.3d 1172, 15 1178 (9th Cir. 2006)). . 16 . . .”). “[A] party seeking to seal a [document] 20 [Plaintiff] cannot provide the compelling reasons necessary to justify the . . . sealing of [the referenced documents] with a few generalized, sweeping sentences. [She] needed (and failed) to specifically address why each document contained [proprietary] information of such a compelling nature as to overcome the strong presumption of public access. 21 In re LDK Solar Secs. Litig., No. C 07-05182 WHA, 2010 WL 724809, 22 at *1 (N.D. Cal. Mar. 1, 2010). Therefore, the sealing request is 23 DENIED. 17 18 19 24 Further, since Local Rule 141(e)(1) prescribes that if 25 a sealing 26 will 27 sealing has been denied,” the documents emailed to the courtroom 28 deputy clerk for judicial in camera consideration are treated as return “[r]equest is denied in full or in part, the Clerk to the submitting party 2 the documents for which 1 having been returned to the moving parties. United States v. 2 Baez–Alcaino, 3 (indicating that when a judge denies a sealing request the party 4 submitting the request then decides how to proceed in light of 5 the ruling). 6 Dated: 718 F. Supp. 1503, December 9, 2014 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 1507 (M.D. Fla. 1989)

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?