Miletak v. AT&T Services, Inc.

Filing 35

AMENDED ORDER re 28 Administrative Motion to File Under Seal Defendant's Opposition to Plaintiff's Motion to Set Aside Settlement Agreement filed by AT&T Services, Inc.. Signed by Judge Edward M. Chen on 6/29/15. (bpf, COURT STAFF) (Filed on 6/29/2015)

1 Lisa C. Hamasaki (SBN 197628)
[e-mail]
2 MILLER LAW GROUP
A Professional Corporation
3
111 Sutter Street, Suite 700
4 San Francisco, CA 94104
Tel. [phone]
5 Fax [phone]
6 Attorneys for Defendant
7 AT&T SERVICES, INC.
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9

UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

M ILLER L AW G ROUP

A P ROF E SSIONAL C ORPORATION
C ALIF ORNIA

12
13 NICK MILETAK,

Case No.: 3:12-cv-05326-EMC

14
Plaintiff,

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16

v.

[PROPOSED] ORDER GRANTING
DEFENDANT AT&T SERVICES, INC.’S
ADMINISTRATIVE MOTION TO SEAL

17

AT&T SERVICES, INC. and DOES 1 through
18 100, inclusive,
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20

Complaint filed: August 22, 2012
Defendants.

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[PROPOSED] ORDER GRANTING DEFENDANT’S ADMINISTRATIVE MOTION TO SEAL
ECF Case No.: 3:12-cv-05326-EMC

1

Defendant AT&T Services, Inc. (“AT&T Services”) filed an Administrative Motion

2 to Seal on June 17, 2015 seeking to seal certain records filed in AT&T Services’ Opposition to
3 Plaintiff’s Motion to Set Aside Settlement Agreement. Plaintiff Nick Miletak stipulated to the
4 sealing of such records.
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6

Having considered the papers filed, the Court hereby grants AT&T Services’

7 Administrative Motion to Seal. The court recognizes that the public right to inspect or access
8 court records is not absolute. See In re Knight Pub. Co., 743 F.2d 231, 235 (1984).

AT&T

9 Services has presented sufficient evidence showing a compelling need and/or good cause
10 warranting sealing of the records in question and has referenced prejudice that may result if
11 such records are not sealed. Moreover, courts have recognized the import of maintaining

M ILLER L AW G ROUP

A P ROF E SSIONAL C ORPORATION
C ALIF ORNIA

12 confidentiality of settlement agreements and settlement negotiations to avoid the very same
13 types of prejudice at issue here. United Rentals, Inc. v. Ahern Rentals, Inc., No. 2:12-cv14 01876-JCM-VCF, 2012 WL 5418355, at *1-2 (D. Nev. Nov. 2, 2012). In United Rentals, Inc.,
15 the court ordered that the terms of a confidential settlement agreement would remain
16 confidential and that the “confidentiality of the Settlement Agreement outweighs the public’s
17 right of access,” that same court noted:
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For the court to induce [the parties’ reliance on secrecy in settling] and then to
decline to support the parties in their reliance would work an injustice on …
litigants and make future settlements predicated upon confidentiality less likely.
Id. (citations omitted).

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21 This court finds that the same applies here and therefore grants AT&T Services’ request to
22 seal portions of its Opposition and supporting documents to the extent they reference or refer
23 to the Confidential Settlement Agreement entered between the parties.
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To that end, the Court rules that the following documents and portions of

26 documents shall be sealed in accordance with AT&T Services’ request:
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[PROPOSED] ORDER GRANTING DEFENDANT’S ADMINISTRATIVE MOTION TO SEAL
ECF Case No.: 3:12-cv-05326-EMC

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Document to be Sealed
Defendant AT&T Services,
Inc.’s Opposition To Plaintiff’s
Motion To Set Aside Settlement
Agreement.

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Exhibit C To The Declaration
Of Lisa C. Hamasaki In Support
Of Defendant AT&T Services,
Inc.’s Opposition To Plaintiff’s
Motion To Set Aside Settlement
Agreement.
Exhibit D To The Declaration
Of Lisa C. Hamasaki In Support
Of Defendant AT&T Services,
Inc.’s Opposition To Plaintiff’s
Motion To Set Aside Settlement
Agreement.

Reason/Explanation
The proposed
redactions are
narrowly tailored to the
confidential settlement
agreement.

The proposed
redactions are
narrowly tailored to the
confidential settlement
agreement.

The proposed
redactions are
narrowly tailored to the
confidential settlement
agreement.

The proposed
redactions are
narrowly tailored to the
confidential settlement
agreement.

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The Court finds that the materials AT&T Services seeks to seal contain

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20 confidential information about a settlement agreement that if made public, would prejudice
Redacted versions only of these documents shall be available in the public

RT

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Ju

ER

H

4818-8050-6917, v. 1

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Honorable Edward M. Chen
n
M. Che
Edward
dge

NO

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R NIA

6/29/15

FO

25 Dated:

D

RDERE

OO
IT IS S

LI

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S DISTRICT
TE
C
TA

RT
U
O

IT IS SO ORDERED.

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S

22 record.

A

21 Defendant.

UNIT
ED

M ILLER L AW G ROUP

A P ROF E SSIONAL C ORPORATION
C ALIF ORNIA

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Declaration Of Lisa C.
Hamasaki In Support Of
Defendant AT&T Services,
Inc.’s Opposition To Plaintiff’s
Motion To Set Aside Settlement
Agreement

Result
Proposed (Highlighted)
Redactions are approved by
the Court. The unredacted
Opposition shall be filed and
remain under seal. Only the
redacted version shall be
placed into the public record.
Proposed (Highlighted)
Redactions are approved by
the Court. The unredacted
Declaration shall be filed and
remain under seal. Only the
redacted version shall be
placed into the public record.
Proposed (Highlighted)
Redactions are approved by
the Court. The unredacted
Exhibit shall be filed and
remain under seal. Only the
redacted version shall be
placed into the public record.
Proposed (Highlighted)
Redactions are approved by
the Court. The unredacted
Exhibit shall be filed and
remain under seal. Only the
redacted version shall be
placed into the public record.

N

F
D IS T IC T O
R

C

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[PROPOSED] ORDER GRANTING DEFENDANT’S ADMINISTRATIVE MOTION TO SEAL
ECF Case No.: 3:12-cv-05326-EMC