Ellsworth v. U.S. Bank, N.A.

Filing 239

ORDER Regarding Redactions in Forthcoming Order. Signed by Judge Laurel Beeler on 6/13/2014. (lblc1S, COURT STAFF) (Filed on 6/13/2014)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 Northern District of California 10 San Francisco Division 12 For the Northern District of California UNITED STATES DISTRICT COURT 11 13 STEPHEN ELLSWORTH, MARILYN WEAVER, and LAWRENCE and DONENE SKELLEY, individually and as representatives of the classes and on behalf of the general public, 14 Plaintiffs, v. 15 16 U.S. BANK, N.A., and AMERICAN SECURITY INSURANCE COMPANY, 17 Defendants. _____________________________________/ No. C 12-02506 LB ORDER REGARDING CONFIDENTIAL MATERIAL IN ORDER DECIDING PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION, U.S. BANK’S MOTION TO DISMISS FOR LACK OF SUBJECT-MATTER JURSDICTION, AND U.S. BANK’S MOTION FOR JUDGMENT ON THE PLEADINGS REGARDING BACKDATING 18 19 The court’s order deciding Plaintiffs’ motion for class certification and U.S. Bank’s motions 20 references certain information previously designated confidential by U.S. Bank and ASIC. The 21 court files two versions: a modestly-redacted public record order and an unredacted order filed under 22 seal (a copy of which will be emailed to lead counsel). 23 Defendants’ counsel must review the redactions (which appear only on pages 3 through 5) and 24 determine what should remain under seal under Civil Local Rule 79-5, given the strong presumption 25 of access to judicial records. See Kamakama v. City and Cnty. Of Honolulu, 447 F.3d 117, 1178 26 (9th Cir. 2006). Within two business days, they must file under seal their proposed public version of 27 the order with the proposed redactions highlighted and must submit the appropriate declarations in 28 support of their redactions. Within two business days of Defendants’ filing, Plaintiffs must file any C 12-02506 LB (ORDER) 1 2 3 4 5 objections (again supported by any appropriate declarations). If the parties do not submit proposed redactions, the court will file the unredacted order in seven days from the date of this order. IT IS SO ORDERED Dated: June 13, 2014 6 _______________________________ LAUREL BEELER United States Magistrate Judge 7 8 9 10 12 For the Northern District of California UNITED STATES DISTRICT COURT 11 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C 12-02506 LB (ORDER) 2

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