Bryan et al v. Wal-Mart Stores Inc. et al

Filing 123

ORDER DENYING DEFENDANT'S ADMINISTRATIVE MOTION TO SEAL (Illston, Susan) (Filed on 5/21/2014)

1
2
3
4
5
6
7
IN THE UNITED STATES DISTRICT COURT

8

FOR THE NORTHERN DISTRICT OF CALIFORNIA

9
United States District Court
For the Northern District of California

10
11
12
13
14

No. C 08-05221 SI

CHARLES RIDGEWAY, et al.,

ORDER DENYING DEFENDANT’S
ADMINISTRATIVE MOTION TO SEAL

Plaintiffs,
v.
WAL-MART STORES INC.,

15

Defendant.

/

16
17

Defendant has filed an administrative motion, pursuant to Local Rule 79-5(e), to file under seal

18

documents submitted in support of defendant’s motion for partial summary judgment. Docket No. 111.

19

Defendant refers to the declaration of Jesse A. Cripps (previously filed as Docket No. 106 in support

20

of sealing exhibits referenced and quoted in plaintiff’s motion for class certification) to support its

21

motion to seal.

22

With the exception of a narrow range of documents that are “traditionally kept secret,” courts

23

begin their sealing analysis with “a strong presumption in favor of access.” Foltz v. State Farm Mut.

24

Auto. Ins., 331 F.3d 1122, 1135 (9th Cir. 2003). When applying to file documents under seal in

25

connection with a dispositive motion, the submitting party bears the burden of “articulating compelling

26

reasons supported by specific factual findings that outweigh the general history of access and the public

27

policies favoring disclosure, such as the public interest in understanding the judicial process.”

28

Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1178-79 (9th Cir. 2006) (internal quotations
and citations omitted). However, when a party seeks to seal documents attached to a non-dispositive

1

motion, a showing of “good cause” under Federal Rule of Civil Procedure 26(c) is sufficient. Id. at

2

1179-80; see also Fed. R. Civ. P. 26(c). In addition, all requests to file under seal must be “narrowly

3

tailored,” such that only sealable information is sought to be redacted from public access. Civil Local

4

Rule 79-5(b). Defendant’s motion for partial summary adjudication is non-dispositive, and so the “good

5

cause” standard applies.
Defendant seeks to seal Exhibit 9 to the declaration of Jesse A. Cripps, filed in support of

7

defendant’s motion for partial summary judgment. Docket No. 111 ¶ 1. Defendant notes that Exhibit

8

9 to the Cripps Declaration is identical to Exhibit 2 to the Day Deposition – which defendant previously

9

sought to seal in connection with plaintiffs’ motion for class certification. Id. ¶ 2. Instead of filing a

10
United States District Court
For the Northern District of California

6

declaration in support of this motion to seal, defendant refers to the declaration it previously submitted

11

as Docket No. 106 in connection with plaintiffs’ motion for class certification. Id. In the previously

12

filed declaration, defendant claimed the relevant exhibit contains communications and direction from

13

Wal-Mart to their employees regarding the meal and rest break policies, including the training for and

14

implementation of these policies. Docket No. 106 ¶ 8. Defendant again argues that public disclosure

15

of the information stands to cause Wal-Mart harm by giving third parties insight into confidential and

16

sensitive aspects of Wal-Mart’s business operations. Docket No. 111 ¶ 2.

17

Defendant’s assertion that public disclosure of the exhibit “stands to cause Wal-Mart harm by

18

giving third parties insight into the confidential and sensitive aspects of Wal-Mart’s business operations”

19

does not show a specific harm or prejudice and is overly-vague. This mere assertion is not enough to

20

overcome the strong presumption in favor of access. Defendant has failed to show good cause to file

21

the exhibit, in its entirety, under seal.

22

Accordingly, the Court DENIES the administrative motion to file under seal.

23

IT IS SO ORDERED.

24
25

Dated: May 21, 2014

SUSAN ILLSTON
UNITED STATES DISTRICT JUDGE

26
27
28
2