Resilient Floor Covering Pension Trust Fund Board of Trustees et al v. Michael's Floor Covering, Inc.

Filing 77

ORDER RE: ADMINISTRATIVE MOTION TO FILE UNDER SEAL (Dkt. No. 70). Signed by Magistrate Judge Jacqueline Scott Corley on 8/3/2012. (ahm, COURT STAFF) (Filed on 8/3/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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Northern District of California

United States District Court

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RESILIENT FLOOR COVERING
PENSION FUND, et al.,

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Plaintiffs,

Case No.: 11-5200 JSC
ORDER RE: ADMINISTRATIVE
MOTION TO FILE UNDER SEAL
(Dkt. No. 70)

v.

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MICHAEL’S FLOOR COVERING,
INC.,
Defendant.

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On July 26, 2012, the parties filed cross-motions for summary judgment in this action.

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(Dkt. Nos. 67 & 71). Plaintiffs’ motion includes an administrative motion to file under seal

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portions of Plaintiffs’ Memorandum of Points and Authorities in Support of Plaintiffs’

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Motion for Partial Summary Judgment and Exhibits K, L, R, V (Art. F & I only), W, X and

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Z (attachments only) to the Declaration of Donna L. Kirchner filed therewith. (Dkt. No. 70).

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Plaintiffs’ motion is based on Defendant’s designation of materials attached thereto as

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“Highly-Confidential – Attorneys’ Eyes Only.”

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Under this Court’s Standing Order Defendant, as the designating party, had three days

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to file a declaration establishing good cause for the sealing along with a proposed order, or

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move to withdraw the designation. This Court’s Standing Order warns that failure to file

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such a declaration may result in an order that the documents be filed on the public record.

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The Local Rules similarly warn that “[i]f the designating party does not file its responsive

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declaration as required by this subsection, the document or proposed filing will be made part

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of the public record.” See Civil L.R.79-5(c). It has now been more than seven days since

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Plaintiffs filed their administration motion to seal.

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Defendant shall file a declaration establishing good cause for the sealing along with a

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proposed order or withdraw the designation by the close of business Monday, August 6,

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2012. If Defendant fails to comply with this Order, the Court will order the documents filed

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on the public docket.

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Northern District of California

United States District Court

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IT IS SO ORDERED.

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Dated: August 3, 2012
_________________________________
JACQUELINE SCOTT CORLEY
UNITED STATES MAGISTRATE JUDGE

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