Newton v. American Debt Services, Inc et al

Filing 184

ORDER by Judge Edward M. Chen Denying 166 Plaintiff's Administrative Motion to Seal. (Attachments: # 1 Certificate of Service). (emcsec, COURT STAFF) (Filed on 6/21/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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HEATHER L. NEWTON,

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Plaintiff,
v.

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For the Northern District of California

United States District Court

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No. C-11-3228 EMC

AMERICAN DEBT SERVICES, INC., et al.,

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ORDER DENYING PLAINTIFF’S
ADMINISTRATIVE MOTION TO SEAL

Defendants.
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(Docket No. 166)
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Pursuant to Civil Local Rule 79-5, Plaintiff moved the Court to issue an order authorizing the

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sealing of (1) portions of her Opposition to Defendants Rocky Mountain Bank & Trust and Global

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Client Solutions, LLC’s Motion for Summary Judgment; and (2) Exhibits 2 and 3 to the Supporting

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Declaration of William E. Kennedy, which consists of two agreements between and among the

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defendants in this action, as containing information designated by defendants as confidential and

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proprietary. See Docket No. 166.

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The Court finds that Plaintiff has failed to identify “compelling reasons” as is required to seal

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documents used in dispositive motions. See Kamakana v. City and Cnty. of Honolulu, 447 F.3d

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1172, 1179 (9th Cir. 2006) (finding strong presumption in favor of access is the starting point).

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And, although the declarations attached in support of Plaintiff’s administrative motion to seal

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describe the documents in question as “confidential and proprietary” and how its competitors

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“could” or “would” use such information, these declarations fail to identify why, for example, vague

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descriptions of the respective duties of the agreement’s signatories are proprietary, with the possible

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exception of Exhibit B (Schedule of Fees and Charges), which is attached to Exhibit 2 of the

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Declaration of William E. Kennedy. Plaintiff has, therefore, failed to meet its burden under

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Kamakana for the remaining pages of such agreements.

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Accordingly, Plaintiff’s request for a sealing order is DENIED. The proposed filings will be

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made part of the public record. As this case is designated for the Court’s Electronic Case File

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program, the documents must be filed electronically on the Court’s ECF website.

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Plaintiff shall electronically file her (1) Opposition to Defendants Rocky Mountain Bank &

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Trust and Global Client Solutions, LLC’s Motion for Summary Judgment; and (2) the Supporting

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Declaration of William E. Kennedy with exhibits, except that Exhibit B attached to Exhibit 2 of this

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declaration will be redacted, by 4:00 p.m., June 24, 2013. Plaintiff’s Opposition shall be deemed
filed as of the date that it was submitted with the request for the sealing order, namely, May 20,

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For the Northern District of California

United States District Court

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2013.

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This order disposes of Docket No. 166.

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IT IS SO ORDERED.

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Dated: June 21, 2013

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_________________________
EDWARD M. CHEN
United States District Judge

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