Juarez et al v. Jani-King of California, Inc. et al
Filing
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ORDER by Judge Samuel Conti denying 150 Administrative Motion to File Under Seal (sclc1, COURT STAFF) (Filed on 12/2/2011)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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ALEJANDRO JUAREZ, et al.,
Plaintiffs,
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For the Northern District of California
United States District Court
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v.
JANI-KING OF CALIFORNIA, INC., et
al.,
Defendants.
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Case No. 09-03495 SC
ORDER DENYING DEFENDANTS'
ADMINISTRATIVE MOTION TO
FILE UNDER SEAL DOCUMENTS
IN CONNECTION WITH
DEFENDANTS' MOTION FOR
SUMMARY JUDGMENT
Now before the Court is Defendants Jani-King of California,
Inc., Jani-King, Inc., and Jani-King International, Inc.'s
(collectively "Jani-King") Administrative Motion to file certain
documents under seal.
ECF No. 150 ("Mot.").
For the reasons set
forth below, Jani-King's Motion is DENIED.
Courts have historically recognized a strong presumption in
favor of public access to court documents.
Comm'n, 435 U.S. 589, 597 (1978).
See Nixon v. Warner
"[T]he strong presumption of
access applies fully to dispositive pleadings, including motions
for summary judgment and related attachments . . . because the
resolution of a dispute on the merits . . . is at the heart of the
interest in ensuring the public's understanding of the judicial
process and of significant public events."
Kamakana v. City &
County of Honolulu, 447 F.3d 1172, 1179 (9th Cir. 2006) (internal
quotations and citations omitted).
A party seeking to seal
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judicial records attached to a dispositive motion must overcome
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this strong presumption by meeting the "compelling reasons"
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standard.
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compelling reasons supported by specific factual findings,
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[citation] that outweigh the general history of access and the
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public policies favoring disclosure . . . ."
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quotations omitted).
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may be used to "promote public scandal, circulate libelous
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statements, or release trade secrets."
United States District Court
For the Northern District of California
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Id. at 1178-79.
"That is, the party must articulate[]
Id. at 1178 (internal
Compelling reasons exist when court documents
Id. at 1179.
In the instant action, Jani-King moves to file under seal
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exhibits 21 and 24 to the Declaration of Eileen Hunter in support
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of Jani-King's Motion for Summary Judgment.
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("Hunter Decl.").
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Procedures Manual, which includes guidance for franchisees on
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training, "starting and operating your business," financial
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management, and business management.
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manual "contains invaluable information about the Jani-King
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franchise system, and provides confidential trade secret
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information on how franchisees should operate their Jani-King
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franchise business."
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spreadsheets which itemize the check stubs and various proofs of
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payment received by Nano's Janitors as well as copies of documents
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produced by Plaintiffs that provide the basis for the summaries
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contained in the spreadsheets.
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documents set forth confidential financial information as to Nano's
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janitors and Plaintiffs . . . , including personal billing,
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payment, and tax information."
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See ECF No. 149-2
Exhibit 21 is Jani-King's Policies and
Mot. at 1.
Jani-King submits that this
Exhibit 24 contains a series of
Jani-King argues that "[t]hese
Id.
The Court finds that Jani-King has failed to enunciate
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compelling reasons for sealing either Exhibit 21 or Exhibit 24.
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is unclear why the Policies and Procedures Manual should be sealed.
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Jani-King asserts that the manual is a trade secret, but does not
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offer an adequate explanation for that assertion.
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unclear why Exhibit 24 should be sealed.
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explain why information concerning a number of payments received by
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Nano's Janitors should remain confidential.
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contain some tax records related to the payments, personal
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information such as tax identification numbers and social security
United States District Court
For the Northern District of California
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It is also
Jani-King does not
While the exhibit does
numbers have been redacted.
For the foregoing reasons, the Court DENIES Jani-King's
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administrative motion to file documents under seal.
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reconsider its decision if Jani-King submits additional briefing
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that articulates compelling reasons for sealing the documents.
The court will
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IT IS SO ORDERED.
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It
Dated:
December 2, 2011
UNITED STATES DISTRICT JUDGE
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