Martinez et al v. Aero Caribbean et al

Filing 44

ORDER DENYING MOTION TO SEAL by Hon. William Alsup denying 39 Administrative Motion to File Under Seal.(whalc2, COURT STAFF) (Filed on 4/18/2012)

Download PDF
1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 11 For the Northern District of California United States District Court 10 LORENZO MENDOZA MARTINEZ, ELIEZER MENDOZA MARTINEZ, ELIU MENDOZA, and GLORIA MARTINEZ MONTES, 12 13 14 Plaintiffs, No. C 11-03194 WHA ORDER DENYING MOTION TO SEAL v. 15 AERO CARIBBEAN, EMPRESA AEROCARIBBEAN S.A., CUBANA DE AVIACION S.A., ATR, 16 Defendants. 17 18 / On April 13, 2012, pursuant to Civil Local Rules 7-11 and 79-5(b), defendant GIE 19 Avions de Transport Regional (“ATR”) filed an administrative motion to seal documents it 20 designated confidential pursuant to a stipulated protective order. The documents at issue are 21 included as exhibits to defendant’s supplemental reply in support of its motion to dismiss for 22 lack of personal jurisdiction. Plaintiffs have not opposed. 23 Defendant seeks to seal the following exhibits to the Cloar Declaration: (1) Exhibit C, 24 the heads of agreement between Air Lease Corporation and ATR, (2) Exhibit D, the cover page 25 and pertinent pages of the sales and purchase agreement between Air Lease Corporation and 26 ATR, (3) Exhibit E, pertinent pages from the aircraft bills of sale between Air Lease Corporation 27 and ATR, and (4) Exhibit F, pertinent pages from the list of documents exchanged between Air 28 Lease Corporation and ATR at the delivery of aircraft. 1 Compelling reasons are required to seal documents used in dispositive motions. See 2 Kamakana v. Honolulu, 447 F.3d 1172, 1179 (9th Cir. 2006). Defendant moves to seal the 3 aforementioned exhibits because they contain “several documents that form part of an overall 4 contract between defendant ATR and Air Lease Corporation for the sale and purchase of ATR 5 aircraft.” As part of that contract, defendant and Air Lease Corporation “agreed that all terms 6 and conditions would not be disclosed” (Dkt. No. 39-1). This does not satisfy the compelling 7 reasons standard. Thus, the motion to seal is DENIED. All documents shall be filed in the public 8 record. 9 IT IS SO ORDERED. 11 For the Northern District of California United States District Court 10 12 Dated: April 18, 2012. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?