Parrish et al v. National Football League Players Incorporated

Filing 368

ORDER DENYING MOTIONS TO SEAL. Signed by Judge Alsup on August 19, 2008. (whalc1, COURT STAFF) (Filed on 8/19/2008)

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Parrish et al v. National Football League Players Incorporated Doc. 368 1 2 3 4 5 6 7 8 9 10 BERNARD PAUL PARISH, HERBERT ANTHONY ADDERLEY, and WALTER ROBERTS III, on behalf of themselves and all others similarly situated, Plaintiffs, v. NATIONAL FOOTBALL LEAGUE PLAYERS INCORPORATED d/b/a PLAYERS INC., a Virginia corporation, Defendant. / IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA United States District Court 11 For the Northern District of California No. C 07-00943 WHA 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER DENYING MOTIONS TO SEAL All pending motions to seal brought in conjunction with defendants' motion for summary judgment are DENIED. In Kamakana v. Honolulu, 447 F.3d 1172, 1179 (9th Cir. 2006), the Ninth Circuit held that more than good cause, indeed, "compelling reasons" are required to seal documents used in dispositive motions, just as compelling reasons would be needed to justify a closure of a courtroom during trial. Otherwise, the Ninth Circuit held, public access to the work of the courts will be unduly compromised. Therefore, no request for a sealing order will be allowed on summary judgment motions (or other dispositive motions) unless the movant first shows a "compelling reason," a substantially higher standard than "good cause." Only social security numbers, names of juveniles, home addresses and phone numbers, and trade secrets of a compelling nature (like the recipe for Coca Cola, for example) will Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 qualify. If the courtroom would not be closed for the information, nor should any dispositive motion proceedings, which are, in effect, a substitute for trial. Defendants have not given a "compelling reason" for any of the documents to be filed under seal. Accordingly, the motions are DENIED. IT IS SO ORDERED. Dated: August 19, 2008. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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