Garvey v. Sears Holding Management Corporation

Filing 32

ORDER APPROVING STIPULATED PROTECTIVE ORDER SUBJECT TO STATED CONDITIONS re 31 Proposed Order filed by Lisa Garvey. Signed by Judge Alsup on November 15, 2011. (whalc1, COURT STAFF) (Filed on 11/15/2011)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 LISA GARVEY, individually and on behalf of all others similarly situated, No. C 11-02575 WHA 11 Plaintiff, For the Northern District of California United States District Court 10 12 ORDER APPROVING STIPULATED PROTECTIVE ORDER SUBJECT TO STATED CONDITIONS v. 13 14 15 SEARS HOLDING MANAGEMENT CORPORATION and DOES 1–50, inclusive, Defendants. / 16 17 The stipulated protective order submitted by the parties (Dkt. No. 31) is hereby 18 APPROVED, subject to the following conditions, including adherence to the Ninth Circuit’s 19 strict caution against sealing orders (as set out below): 20 1. The parties must make a good-faith determination that any 21 information designated “confidential” truly warrants protection under Rule 26(c) 22 of the Federal Rules of Civil Procedure. Designations of material as 23 “confidential” must be narrowly tailored to include only material for which there 24 is good cause. A pattern of over-designation may lead to an order un-designating 25 all or most materials on a wholesale basis. 26 2. In order to be treated as confidential, any materials filed with the 27 Court must be lodged with a request for filing under seal in compliance with Civil 28 Local Rule 79-5. Please limit your requests for sealing to only those narrowly 1 tailored portions of materials for which good cause to seal exists. Please include 2 all other portions of your materials in the public file and clearly indicate therein 3 where material has been redacted and sealed. Each filing requires an 4 individualized sealing order; blanket prospective authorizations are no longer 5 allowed by Civil Local Rule 79-5. 6 3. Chambers copies should include all material — both redacted and 7 unredacted — so that chambers staff does not have to reassemble the whole brief 8 or declaration. Although chambers copies should clearly designate which 9 portions are confidential, chambers copies with confidential materials will be handled like all other chambers copies of materials without special restriction, and 11 For the Northern District of California United States District Court 10 will typically be recycled, not shredded. 12 4. In Kamakana v. Honolulu, 447 F.3d 1172, 1179 (9th Cir. 2006), 13 the Ninth Circuit held that more than good cause, indeed, “compelling reasons” 14 are required to seal documents used in dispositive motions, just as compelling 15 reasons would be needed to justify a closure of a courtroom during trial. 16 Otherwise, the Ninth Circuit held, public access to the work of the courts will be 17 unduly compromised. Therefore, no request for a sealing order will be allowed 18 on summary judgment motions (or other dispositive motions) unless the movant 19 first shows a “compelling reason,” a substantially higher standard than “good 20 cause.” This will be true regardless of any stipulation by the parties. Counsel are 21 warned that most summary judgment motions and supporting material should be 22 completely open to public view. Only social security numbers, names of 23 juveniles, home addresses and phone numbers, and trade secrets of a compelling 24 nature (like the recipe for Coca Cola, for example) will qualify. If the courtroom 25 would not be closed for the information, nor should any summary judgment 26 proceedings, which are, in effect, a substitute for trial. Motions in limine are also 27 part of the trial and must likewise be laid bare absent compelling reasons. Please 28 2 1 comply fully. Noncompliant submissions are liable to be stricken in 2 their entirety. 3 4 5 5. Any confidential materials used openly in court hearings or trial will not be treated in any special manner absent a further order. 6. This order does not preclude any party from moving to 6 undesignate information or documents that have been designated as confidential. 7 The party seeking to designate material as confidential has the burden of 8 establishing that the material is entitled to protection. 9 7. The Court will retain jurisdiction over disputes arising from the proposed and stipulated protective order for only NINETY DAYS after final 11 For the Northern District of California United States District Court 10 termination of the action. 12 13 IT IS SO ORDERED. 14 15 16 Dated: November 15, 2011. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 3

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