McKenzie v. Wells Fargo Home Mortgage, Inc. et al

Filing 158

ORDER GRANTING re 138 Administrative Motion to File Under Seal filed by Clifford McKenzie, Daniel Biddix(for Interested Parties American Security Insurance, Standard Guaranty and Voyager Indemnity). Signed by Judge Joseph C. Spero on 6/20/13. (klhS, COURT STAFF) (Filed on 6/20/2013)

1 PETER S. HECKER (Bar No. 66159)
[e-mail]
2 DAVID E. SNYDER (Bar No. 262001)
[e-mail]
3 SHEPPARD MULLIN RICHTER & HAMPTON, LLP
Four Embarcadero Center, Seventeenth Floor
4 San Francisco, CA 94111-4109
Telephone:
415.434.9100
5 Facsimile:
415.434.3947
6 Attorneys for Interested Parties
American Security Insurance Company,
7 Standard Guaranty Insurance Company and
Voyager Indemnity Insurance Company
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

12 CLIFFORD McKENZIE, et al., on behalf of
themselves and others similarly situated,
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Plaintiffs,
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v.
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WELLS FARGO BANK, N.A.,
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Defendants.
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Case No. 3:11-cv-04965-JCS
[PROPOSED] ORDER GRANTING
ADMINISTRATIVE MOTION TO SEAL
(DKT. # 138)
[Civil L.R. 79-5 (d)]

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SMRH:408614684.1

PROPOSED ORDER
3:11-cv-04965-JCS

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Plaintiffs’ Administrative Motion For Sealing Order (Dkt. #138) having been filed and the

2 designated documents lodged with the Clerk, and interested parties American Security Insurance
3 Company, Standard Guaranty Insurance Company, and Voyager Indemnity Insurance Company
4 (collectively “ASIC”) having filed a declaration in support of the motion pursuant to L.R. 79-5(d),
5 the matter having been submitted, and good cause having been shown pursuant to Civil L.R. 79-5
6 and Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006), the Court
7 finds that the declaration filed by ASIC establishes that the material designated “confidential” is
8 entitled to protection under the law because it is confidential and proprietary and ASIC uses
9 reasonable efforts to maintain the secrecy of this type of information, and further its disclosure
10 would: (1) assist ASIC’s competitors by allowing them to unfairly compete; (2) harm ASIC
11 because competitors would become aware of ASIC’s confidential business information; and (3)
12 destroy ASIC’s competitive business advantage by permitting competitors to modify their own
13 policies and procedures based on confidential information, and thus,
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IT IS ORDERED that plaintiffs’ motion to seal is GRANTED as follows:

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The Court hereby orders that the following materials attached to the Declaration of Kai

16 Richter in Support of Plaintiffs’ Motion for Class Certification (Dkt. # 143) shall remain filed
17 under seal, for the above reasons, and each and every one of the reasons set forth in the
18 Declaration of Ronald Wilson:
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Exhibit 9 (Excerpt from the Deposition of Ronald Wilson, pp. 220-222).

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Exhibits 13, 24, 25, 26, 27, 28, and 29 (ASIC/Wells Fargo Agreements).

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The Court further orders that the following pages/lines in Plaintiffs’ Memorandum in

22 Support of Motion for Class Certification (Dkt. # 139) shall remain redacted, for the above
23 reasons, and each and every one of the reasons set forth in the Declaration of Ronald Wilson:
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Pages/Lines 3:10-13; 3:15-24; 4:26-28; 7:16-18; and 11:1-5 of Plaintiffs’ Memorandum

25 in Support of Motion for Class Certification.
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PROPOSED ORDER
Case No. 3:11-CV-04965-JCS

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06/20/13
1 DATED: ___________________
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Hon. Joseph C.eSpero
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Magistrate Judge, Joseph States District Court
Judge United
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-2SMRH:408614684.1

PROPOSED ORDER
Case No. 3:11-CV-04965-JCS