Kreek v. Wells Fargo & Company et al

Filing 80

ORDER RE 77 MOTION TO FILE UNDER SEAL (whalc2, COURT STAFF) (Filed on 3/19/2009) Modified on 3/20/2009 (sis, COURT STAFF).

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1 2 3 4 5 6 7 8 9 10 ARNOLD KREEK, et al., individually and on behalf of all others similarly situated, Plaintiffs, v. WELLS FARGO & COMPANY, WELLS FARGO FUNDS MANAGEMENT, LLC, WELLS FARGO FUNDS TRUST, WELLS FARGO DISTRIBUTORS, STEPHENS, INC., WELLS FARBO BANK, N.A., Defendants. / 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 08-01830 WHA 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER RE MOTION TO FILE UNDER SEAL Defendants have filed a motion to dismiss. Plaintiffs filed a partially redacted brief in opposition to the motion accompanied by an administrative motion pursuant to Civil Local Rule 79-5(d) to file the redacted portion of the brief under seal. The motion was based on defendants' designation of certain information as confidential; plaintiffs took no position as to whether the information was entitled to remain under seal. Under Civil Local Rule 79-5(d), if a party wishes to refer in a brief to information designated confidential by another party pursuant to a protective order: the submitting party must file and serve an Administrative Motion for a sealing order . . . . Within five days thereafter, the designating party must file with the Court and serve a declaration establishing that the designated information is sealable, and must lodge and serve a narrowly tailored proposed sealing order, or must withdraw the designation of confidentiality. If the designating party does not file its responsive declaration as 1 2 3 4 5 6 7 8 9 10 required by this subsection, the document or proposed filing will be made part of the public record. The deadline for defendants (as the designating party) to respond has passed and no declaration in support of the sealing motion has been filed. Therefore, under Civil Local Rule 79-5(b), the filing will be made part of the public record. Plaintiffs should publicly file the opposition brief in un-redacted form. IT IS SO ORDERED. Dated: March 19, 2009. United States District Court 11 For the Northern District of California WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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