Hellman et al v. Polaris Industries, Inc. et al

Filing 85

ORDER signed by Chief District Judge Kimberly J. Mueller on 5/18/2023 GRANTING 83 Request to Seal. Plaintiffs are directed to file the redacted documents on the public docket at the time they file the motion for class certification. (Mena-Sanchez, L)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

FOR THE EASTERN DISTRICT OF CALIFORNIA

9
10

Francisco Berlanga, et al.,

11
12
13

Case No. 2:21-cv-00949-KJM-DMC

Plaintiffs,

ORDER

v.
Polaris Industries, Inc., et al.,

14

Defendants.

15
16

Plaintiffs and defendants jointly filed a renewed request to redact, in part, two documents

17

related to plaintiffs’ motion for class certification. Notice of Mot., ECF No. 83; Joint Request at

18

5.1 The court has previously discussed the applicable legal standard and incorporates it by

19

reference in this order. See Prior Order (Apr. 28, 2023) at 1–2, ECF No. 77.

20

The court finds the parties’ request now satisfies the “compelling reason” standard

21

necessary for redaction and sealing, Kamakana v. City of Honolulu, 447 F.3d 1172, 1179 (9th Cir.

22

2006), because the information to be redacted contains “product development plans” and other

23

confidential information, which could be used by “competitors seeking to replicate [products] and

24

circumvent the time and resources necessary in developing their own practices and strategies,”

25

Algarin v. Maybelline, LLC, No. 12-3000, 2014 WL 690410, at *3 (S.D. Cal. Feb. 21, 2014).

1

The joint request to seal and corresponding materials are not publicly available on the
court’s docket, but the parties have sent the documents to the court for review pursuant to Local
Rule 141(b).
1

1

Thus, the court grants the joint request. Plaintiffs are directed to file the redacted documents on

2

the public docket at the time they file the motion for class certification.

3

This order resolves ECF No. 83.

4

IT IS SO ORDERED.

5

DATED: May 18, 2023.

6

2