Thompson et al v. C & H Sugar Company, Inc et al

Filing 177

ORDER GRANTING MOTION TO SEAL 101 129 . Signed by Judge Nathanael Cousins on 5/6/14. (lmh, COURT STAFF) (Filed on 5/6/2014)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 SAN FRANCISCO DIVISION 10 11 JEMAR THOMPSON, and others, Case No. 12-cv-00391 NC 12 ORDER GRANTING MOTION TO SEAL 13 Plaintiffs, v. 14 C&H SUGAR CO., and others, 15 Re: Dkt. No. 101, 149 Defendants. 16 17 Defendants moved to seal employment records publicly filed as exhibits in support of 18 plaintiff Crystal Coleman’s opposition to defendants’ motion for summary judgment. Dkt. 19 No. 101. The Court initially denied the motion for defendants’ failure to provide legal 20 support for sealing the employment records. Dkt. No. 143. Defendants later submitted a 21 letter brief citing to cases that have sealed similar records, albeit records of government 22 employees. Dkt. No. 149. The Court finds that sealing the records is warranted when 23 balancing the need for the public’s access to information against the third party employee’s 24 need for privacy in their employment records, which reveal specific instances of employee 25 discipline. See Seals v. Mitchell, No. 04-cv-03764 NJV, 2011 WL 1233650, at *3 (N.D. 26 Cal. Mar. 30, 2011) (finding sealing private employment records was appropriate in order to 27 “protect Defendants from embarrassment; and because balancing the need for the public’s 28 access to information regarding Defendants’ employment records, personnel records, and Case No. 12-cv-00391 NC ORDER GRANTING MOTION TO SEAL 1 specific instances of past conduct against Defendants’ need for confidentiality weighs 2 strongly in favor of sealing.”). Accordingly, the Court GRANTS the motion to seal. 3 The Clerk of Court will remove the documents filed as Exhibits P, Q, R, W, X, Y, 4 HH, II, KK, and LL in support of plaintiff Coleman’s opposition to the motion for summary 5 judgment. Plaintiff Coleman must then re-file the documents under seal pursuant to Local 6 Rule 79-5. Upon re-filing, those exhibits will be deemed to have been filed by Ms. 7 Coleman under seal as of December 4, 2013. 8 IT IS SO ORDERED. 9 Date: May 6, 2014 _________________________ Nathanael M. Cousins United States Magistrate Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No. 12-cv-00391 NC ORDER GRANTING MOTION TO SEAL 2

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