De Sausa et al v. HSBC Bank U.S.A, N.A. et al

Filing 27

ORDER by Judge Thelton E. Henderson denying 26 Stipulation for in camera review of settlement agreements. (tehlc3, COURT STAFF) (Filed on 2/4/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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FERNANDO DE SAUSA, et al.

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Plaintiffs,

HSBC BANK U.S.A., N.A., et al.,

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For the Northern District of California

v.

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United States District Court

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NO. C12-5081 TEH

Defendants.

ORDER DENYING STIPULATION
FOR IN CAMERA REVIEW OF
SETTLEMENT AGREEMENTS

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The parties have represented that they have settled all claims, including Plaintiffs’

14 claims under the Fair Labor Standards Act (“FLSA”), and jointly request that the Court
15 review the agreements in camera because the parties have agreed to keep the settlement
16 terms confidential. They assert that courts “regularly approve FLSA settlement agreements
17 after reviewing the terms in camera” and cite two out-of-district cases from early 2009 to
18 support their contention. Jan. 29, 2014 Stip. & Proposed Order at 3. However, citing cases
19 that post-date the two cases relied on by the parties, one judge in this district recently
20 concluded that “[m]ost district courts considering a motion to seal in connection with a
21 motion to approve settlement of FLSA claims have applied a presumption of public access.”
22 Luo v. Zynga Inc., No. C13-0186 NC, 2013 WL 5814763, at *2 (N.D. Cal. Oct. 29, 2013).
23 That court further noted that “[t]he existence of a confidentiality provision, without more,
24 does not constitute good cause, let alone a compelling reason, to seal” a settlement
25 agreement. Id. at *3.
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Accordingly, with good cause appearing, the parties’ stipulation for in camera review

27 is DENIED without prejudice. The parties shall consider the reasoning in the Luo case and
28 reconsider whether the settlement agreements in this case must be filed in the public record.

1 If the parties believe that the standard for filing under seal is satisfied, then they shall file a
2 motion to file documents under seal pursuant to Civil Local Rule 79-5.
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4 IT IS SO ORDERED.
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6 Dated: 02/04/14
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THELTON E. HENDERSON, JUDGE
UNITED STATES DISTRICT COURT

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For the Northern District of California

United States District Court

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