Villalpando v. Exel Direct Inc. et al

Filing 256

ORDER TO SHOW CAUSE WHY 247 Administrative Motion to File Under Seal SHOULD NOT BE DENIED. Signed by Judge Joseph C. Spero on April 4, 2016. (jcslc1S, COURT STAFF) (Filed on 4/4/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DANIEL VILLALPANDO, et al.,

Case No. 12-cv-04137-JCS

Plaintiffs,
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v.
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EXEL DIRECT INC., et al.,
Defendants.

Re: Dkt. No. 247

United States District Court
Northern District of California

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ORDER TO SHOW CAUSE WHY
ADMINISTRATIVE MOTION TO FILE
UNDER SEAL SHOULD NOT BE
DENIED

Plaintiff has filed an Administrative Motion to File under Seal Exhibit 52 to the

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Declaration of Nathan Piller in Opposition to Defendants’ Combined Daubert Motion and Motion

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for Decertification (“Motion”). The Motion is based on the assertion that the document at issue

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has been designated confidential by Defendants pursuant to the protective order in this action.

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Civil Local Rule 79-5(e)(1) provides that if a party moves to file under seal documents that

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another party has designated confidential, “[w]ithin 4 days of the filing of the Administrative

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Motion to File Under Seal, the Designating Party must file a declaration as required by subsection

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79-5(d)(1)(A) establishing that all of the designated material is sealable.” Defendants have not

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filed such a declaration. Accordingly, Defendants are ORDERED TO SHOW CAUSE why the

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Plaintiffs’ Motion to file under seal should not be denied, by filing a responsive declaration no

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later than April 6, 2015 addressing why Exhibit 52 to the Piller Declaration cannot be filed in the

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public record. Alternatively, if Defendants do not oppose filing the exhibit in the public record,

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they are ORDERED to file a statement of non-opposition to public filing by the same date.

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IT IS SO ORDERED.
Dated: April 4, 2016
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JOSEPH C. SPERO
Chief Magistrate Judge