Trahan v. U.S. Bank National Association

Filing 169

ORDER Granting 165 Administrative Motion to Seal Documents ; Instructions to Plaintiff; and Order to Counsel to Show Cause Why Sanctions Should Not Be Imposed. Signed by Judge JEFFREY S. WHITE on 10/20/14. (jjoS, COURT STAFF) (Filed on 10/20/2014)

1
2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9

JERRY TRAHAN,

11
For the Northern District of California

United States District Court

10

12

No. C 09-03111 JSW

Plaintiff,
v.
U.S. BANK NATIONAL ASSOCIATION,

13

Defendant.
/

ORDER GRANTING
DEFENDANT’S
ADMINISTRATIVE MOTION TO
SEAL; INSTRUCTIONS TO
PLAINTIFF; AND ORDER TO
COUNSEL TO SHOW CAUSE
WHY SANCTIONS SHOULD NOT
BE IMPOSED

14
15

On October 14, 2014, Defendant filed an administrative motion to seal Exhibits 47 and

16

48 to Plaintiff’s opposition to Defendant’s motion to decertify the class. These exhibits are

17

located in Docket No. 161-6.

18

Defendant previously submitted these exhibits in support of its motion to decertify the

19

class, with an administrative motion to seal, which should have indicated to Plaintiff that it

20

believed those documents should be sealed. Further, although this Court had not yet ruled on

21

Defendant’s first motion to seal, the state court had previously ordered these documents filed

22

under seal. Notwithstanding those facts, Plaintiff chose to file the documents in the public

23

record. The Court, however, finds that the documents are sealable, and it GRANTS

24

Defendant’s motion to seal Exhibits 47 and 48 to Plaintiff’s opposition brief.
Because those documents were not filed separately, the Court has placed the entirety of

25
26

Docket No. 161-6 under seal. Plaintiff is HEREBY ORDERED to file a redacted version of

27

that Volume of his compendium of evidence in the public record by no later than October 27,

28

2014.

1

Counsel for Plaintiff is FURTHER ORDERED TO SHOW CAUSE why the Court

2

should not impose monetary sanctions on him in the amount of no less than $250 and no more

3

than the Defendant’s reasonable costs and fees in preparing and filing the motion to seal filed

4

on October 14, 2014. Counsel’s response to this Order to Show Cause shall be due by October

5

27, 2014.

6

IT IS SO ORDERED.

7
Dated: October 20, 2014
8

JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

9

11
For the Northern District of California

United States District Court

10

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2