Brown et al v. The Hain Celestial Group, Inc.

Filing 201

ORDER Re: Administrative Motion to File Under Seal 199 . (lblc1S, COURT STAFF) (Filed on 7/21/2014)

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UNITED STATES DISTRICT COURT

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Northern District of California

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San Francisco Division

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For the Northern District of California

UNITED STATES DISTRICT COURT

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ROSMINAH BROWN and ERIC LOHELA,
on behalf of themselves and all others
similarly situated,

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Plaintiffs,
v.

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ORDER RE: ADMINISTRATIVE
MOTION TO FILE UNDER SEAL
EXHIBITS IN SUPPORT OF
PLAINTIFFS’ MOTION FOR CLASS
CERTIFICATION

THE HAIN CELESTIAL GROUP, INC., a
Delaware Corporation,

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No. C 11-03082 LB

Defendant.
____________________________________

[ECF No. 199]
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On July 15, 2014, Plaintiffs filed the Declaration of Mark N. Todzo in Support of Plaintiffs’
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Motion for Class Certification (“Todzo Declaration”). See ECF No. 200-5. They also filed an
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administrative motion to file under seal exhibits 6-12 of the Todzo Declaration. See Administrative
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Motion, ECF No. 199. Plaintiffs explain that during discovery, third parties Quality Assurance
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International and Rite Aid Corporation each produced one of these exhibits and Hain Celestial
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produced the rest. Id. Plaintiffs “take no position as to whether the Exhibits are entitled to remain
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sealed” but they filed their administrative motion because these discovery documents were
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designated as “Confidential” or “Highly Confidential” under the protective order. Id. at 2. Along
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with their Administrative Motion, Plaintiffs filed a Certificate of Service showing that they served
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counsel for Quality Assurance International and Rite Aid Corporation with copies of their
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Administrative Motion by overnight Federal Express mail on June 15, 2014. See Proof of Service,

C 11-03082 LB (ORDER)

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ECF No. 199-19 at 2.
Under Civil Local Rule 79-5(e)(1), Hain Celestial, Quality Assurance International, and Rite Aid

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Corporation had four days to file declarations establishing that the designated material they

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produced is sealable. None of them did so. The court could deny the Administrative Motion on this

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basis. Nonetheless, because two of these documents were produced by third parties and because it is

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summertime, the court will give the producing parties two more days to file declarations in support

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of the sealing motion. Accordingly, Quality Assurance International, Rite Aid Corporation, and

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Hain Celestial have under July 23, 2014 to file the declarations required by Civil Local Rule 79-

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5(e)(1). Plaintiffs must notify the third parties of this order and may do so by e-mail and telephone.

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Dated: July 21, 2014

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For the Northern District of California

UNITED STATES DISTRICT COURT

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IT IS SO ORDERED.
_______________________________
LAUREL BEELER
United States Magistrate Judge

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C 11-03082 LB (ORDER)

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