Yordy v. Plimus, Inc et al

Filing 127

ORDER TO SHOW CAUSE re: Parties' Failure to File a Joint Administrative Motion to Seal Documents. Order to Show Cause Hearing set for 1/27/2014 at 10:00 AM. Written responses, if any, due by 1/15/2014. Signed by Judge Thelton E. Henderson on 1/7/14. (tehlc1, COURT STAFF) (Filed on 1/7/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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KIMBERLY YORDY,

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Plaintiff,
v.

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PLIMUS, INC,
Defendant.

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Case No. 12-cv-00229-TEH
ORDER TO SHOW CAUSE RE:
PARTIES’ FAILURE TO FILE A
JOINT ADMINISTRATIVE MOTION
TO SEAL DOCUMENTS

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On November 25, 2013, Plaintiff Kimberly Yordy (“Yordy”) filed an administrative

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United States District Court
Northern District of California

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motion to file documents under seal in connection with her renewed motion for class

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certification. Defendant Plimus, Inc. (“Plimus”) was the party that had designated the

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documents “Confidential,” and, therefore, under Civil Local Rule 79-5(e)(1), was required

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to file a declaration “establishing that all of the designated material is sealable” within four

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days. Plimus did not file such a declaration.
On December 3, 2013, the Court, citing its doubts as to whether the documents

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were sealable, ordered the parties to meet and confer on the matter and to file a joint

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administrative motion to file documents under seal on or before December 13, 2013. The

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motion was to be supported by declarations establishing the sealability of the documents.

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To date, the parties have not submitted a joint administrative motion to seal

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documents.1
Accordingly, with good cause appearing, the parties are HEREBY ORDERED to

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SHOW CAUSE as to why the Court should not impose sanctions, including the initiation

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Instead, on December 23, 2013, Plimus submitted its opposition to Yordy’s motion for
class certification, along with its own administrative motion to file documents under seal.
On January 6, 2014, Yordy submitted her reply brief, which also included an
administrative motion to file documents under seal. These submissions raised similar
concerns with the Court as Yordy’s original submission, including whether copies of emails from Plimus offering services to its clients, or deposition transcripts regarding
Plimus’s organizational structure warrant sealing.

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of contempt proceedings, for failing to comply with the Court’s December 3, 2013 order.

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The Court is also considering the appointment of a special master, paid for by the parties,

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to assist them in identifying sealable documents. The show cause hearing shall be held on

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Monday, January 27, 2014, at 10:00 AM, in Courtroom No. 2, 450 Golden Gate Avenue,

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San Francisco, California. If the parties wish to file a written response, they must do so on

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or before Wednesday, January 15, 2014.

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IT IS FURTHER ORDERED that the hearing on Yordy’s motion for class

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certification, scheduled for January 27, 2014, is VACATED pending resolution of this

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matter.

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United States District Court
Northern District of California

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IT IS SO ORDERED.

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Dated: 1/7/14

_____________________________________
THELTON E. HENDERSON
United States District Judge

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