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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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 HEATHER L. NEWTON, 9 Plaintiff, v. 11 For the Northern District of California United States District Court 10 No. C-11-3228 EMC AMERICAN DEBT SERVICES, INC., et al., 12 ORDER DENYING PLAINTIFF’S ADMINISTRATIVE MOTION TO SEAL Defendants. ___________________________________/ (Docket No. 166) 13 14 15 Pursuant to Civil Local Rule 79-5, Plaintiff moved the Court to issue an order authorizing the 16 sealing of (1) portions of her Opposition to Defendants Rocky Mountain Bank & Trust and Global 17 Client Solutions, LLC’s Motion for Summary Judgment; and (2) Exhibits 2 and 3 to the Supporting 18 Declaration of William E. Kennedy, which consists of two agreements between and among the 19 defendants in this action, as containing information designated by defendants as confidential and 20 proprietary. See Docket No. 166. 21 The Court finds that Plaintiff has failed to identify “compelling reasons” as is required to seal 22 documents used in dispositive motions. See Kamakana v. City and Cnty. of Honolulu, 447 F.3d 23 1172, 1179 (9th Cir. 2006) (finding strong presumption in favor of access is the starting point). 24 And, although the declarations attached in support of Plaintiff’s administrative motion to seal 25 describe the documents in question as “confidential and proprietary” and how its competitors 26 “could” or “would” use such information, these declarations fail to identify why, for example, vague 27 descriptions of the respective duties of the agreement’s signatories are proprietary, with the possible 28 exception of Exhibit B (Schedule of Fees and Charges), which is attached to Exhibit 2 of the 1 Declaration of William E. Kennedy. Plaintiff has, therefore, failed to meet its burden under 2 Kamakana for the remaining pages of such agreements. 3 Accordingly, Plaintiff’s request for a sealing order is DENIED. The proposed filings will be 4 made part of the public record. As this case is designated for the Court’s Electronic Case File 5 program, the documents must be filed electronically on the Court’s ECF website. 6 Plaintiff shall electronically file her (1) Opposition to Defendants Rocky Mountain Bank & 7 Trust and Global Client Solutions, LLC’s Motion for Summary Judgment; and (2) the Supporting 8 Declaration of William E. Kennedy with exhibits, except that Exhibit B attached to Exhibit 2 of this 9 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, 11 For the Northern District of California United States District Court 10 2013. 12 This order disposes of Docket No. 166. 13 14 IT IS SO ORDERED. 15 16 Dated: June 21, 2013 17 _________________________ EDWARD M. CHEN United States District Judge 18 19 20 21 22 23 24 25 26 27 28 2

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