JPMorgan Chase Bank N.A. v. Sierra Pacific Mortgage Company, Inc.

Filing 144

SEALING ORDER signed by District Judge John A. Mendez on 3/24/16 ORDERING the Court finds that there are compelling reasons to seal the following documents identified as "Submitted Under Seal" in Sierra's Appendix of Evidence [Dkt. No. 137-2]. (Becknal, R)

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Jonathan M. Jenkins (State Bar No. 193011)
[e-mail]
Lara T. Kayayan (State Bar No. 239384)
[e-mail]
Tuyet Tran (State Bar No. 245699)
[e-mail]
Navdeep Singh (State Bar No. 284486)
[e-mail]
JENKINS KAYAYAN LLP
444 S. Flower Street, Suite 1530
Los Angeles, California 90071
Telephone: [phone]
Fax: [phone]
Counsel for Defendant

8 Sierra Pacific Mortgage Company, Inc.
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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12 JPMORGAN CHASE BANK, N.A., a
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Plaintiff,

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National Banking Association,

v.
SIERRA PACIFIC MORTGAGE

16 COMPANY, INC.,
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Defendant.

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Case No. 2:13-cv-01397-JAM-KJN
The Hon. John A. Mendez
Robert T. Matsui Courthouse
ORDER GRANTING
DEFENDANT SIERRA PACIFIC
MORTGAGE COMPANY, INC.’S
REQUEST TO SEAL
CONFIDENTIAL DOCUMENTS
IN SUPPORT OF DEFENDANT’S
OPPOSITION TO PLAINTIFF
JPMORGAN CHASE BANK,
N.A.’S MOTION FOR PARTIAL
SUMMARY JUDGMENT.
Date: April 05, 2016
Time: 1:30 PM th
Courtroom: 6, 14 Floor
Action Filed: July 12, 2013

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[PROPOSED] ORDER GRANTING REQUEST TO FILE UNDER SEAL

Having considered Defendant Sierra Pacific Mortgage Company, Inc.’s

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2 (“Sierra”) Request to Seal Confidential Documents in Support of Defendant’s
3 Opposition to Plaintiff JPMorgan Chase Bank, N.A.’s Motion for Partial
4 Summary Judgment, the Court finds that there are compelling reasons to seal the
5 following documents identified as “Submitted Under Seal” in Sierra’s Appendix
6 of Evidence [Dkt. No. 137-2] (hereinafter the “Sealed Documents”):
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November 12, 2015 – Deposition of Robert Kenneley (Submitted
Under Seal)

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February 23, 2012 – Demand Letter to Sierra Pacific (Submitted
Under Seal)

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November 14, 2012 – Demand Letter to Sierra Pacific (Submitted
Under Seal)

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July 6, 2012 – Demand Letter to Sierra Pacific (Submitted Under
Seal)

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February 23, 2012 – Demand Letter to Sierra Pacific (Submitted
Under Seal)

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December 11, 2015 – Deposition Excerpts re William Zachary
Addison (Submitted Under Seal)

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The factual and legal basis for this ruling includes the following: (a) the

18 Sealed Documents are confidential and private financial documents of non-party
19 borrowers that are prohibited from disclosure by the Gramm-Leach-Bliley Act,
20 15 U.S.C. § 6801 et seq.; (b) it is the policy of Congress as reflected by the
21 Gramm-Leach-Bliley Act, 15 U.S.C. § 6801 et seq. to protect the security and
22 confidentiality of the private financial information of the non-party borrowers;
23 (c) countervailing interests in protecting the Sealed Documents outweigh the
24 public’s interest in access to the Sealed Documents, and there is a significant
25 interest in protecting the Sealed Documents to help prevent the potential misuse
26 of the Sealed Documents; (d) compliance with Fed. R. Civ. P. 5.2 alone is not
27 sufficient to safeguard the totality of the non-public personal financial
28 information of the non-party borrowers, whose identity can be determined from
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[PROPOSED] ORDER GRANTING REQUEST TO FILE UNDER SEAL

1 publicly available documents; (e) if the Sealed Documents were filed publicly,
2 they might become a vehicle for improper purposes such as identity theft; and (f)
3 it is the only effective mechanism to protect the non-public personal information
4 of the non-party borrowers and prevent the Court’s file from becoming a vehicle
5 for improper purposes.
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The Sealed Documents are permanently sealed.

7 IT IS SO ORDERED.
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DATED: 3/24/2016
/s/ John A. Mendez_______________
JOHN A. MENDEZ
United States District Court Judge

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[PROPOSED] ORDER GRANTING REQUEST TO FILE UNDER SEAL