Leghorn et al v. Wells Fargo Bank, N.A. et al

Filing 127

ORDER GRANTING re 102 Administrative Motion to File Under Seal filed by Arley Leghorn, Valerie Leghorn. Signed by Judge Joseph C.Spero on 9/23/13. (klhS, COURT STAFF) (Filed on 9/23/2013)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANSISCO DIVISION 1 2 3 4 5 ARLEY and VALERIE LEGHORN, as individuals, as representatives of the classes, and on behalf of the general public, 6 Plaintiffs, Case No. 3:13-cv-00708-JCS [PROPOSED] ORDER GRANTING ADMINISTRATIVE MOTION TO SEAL (ECF NO. 138) 7 v. [CIVIL L.R. 79-5(D)] 8 9 10 11 12 WELLS FARGO BANK, N.A., WELLS FARGO INSURANCE, INC., QBE INSURANCE CORPORATION, AND QBE FIRST INSURANCE AGENCY, INC., Assigned for all Purposes to Magistrate Judge Joseph C. Spero Action Filed: February 19, 2013 Trial date: None Set Defendants. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Proposed Order Case No. 3:13-cv-00708-JCS 1 Plaintiffs’ Administrative Motion For Sealing Order (ECF No. 102) having been filed 2 and the designated documents lodged with the Clerk, and Defendants QBE Insurance 3 Corporation (“QBEIC”) and QBE FIRST Insurance Agency, Inc. (“QBE FIRST”) (collectively, 4 “the QBE Defendants”) having filed a declaration in support of the motion pursuant to L.R. 795 5(d), the matter having been submitted, and good cause having been shown pursuant to L.R. 79-5 6 and Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006), the Court 7 finds that the declaration filed by the QBE Defendants establishes that the material designated 8 “confidential” is entitled to protection under the law because it is confidential and proprietary 9 and the QBE Defendants use reasonable efforts to maintain the secrecy of this type of 10 information, and further its disclosure would: (1) assist the QBE Defendants’ competitors by 11 allowing them to unfairly compete; (2) harm the QBE Defendants because competitors would 12 become aware of the QBE Defendants’ confidential business information; and (3) destroy the 13 Defendants’ competitive business advantage by permitting competitors to modify their own 14 policies and procedures based on confidential information, and thus, 15 IT IS ORDERED that Plaintiffs’ motion to seal is GRANTED as follows: 16 The Court hereby orders that the following materials attached to the Declaration of Kai 17 Richter in Support of Plaintiffs’ Motion for Class Certification (ECF No. 108) shall remain filed 18 under seal, for the above reasons, and each and every one of the reasons set forth in the 19 Declaration of Mark Chapman: 20 Exhibit 8 (Excerpts from the Deposition of Mark Chapman pp. 93-95), 21 Exhibits 13-18 (ZC Sterling/Wells Fargo Agreements), 22 Exhibit 52 (Expert Report of Birny Birnbaum), and 23 Page 3, Lines 17-25; Page 4, Lines 1-8; and Page 10, Lines 3-7 of Plaintiffs’ 24 Notice of Motion and Motion for Class Certification and Memorandum of Points and 25 Authorities in Support, ECF No. 103. 26 27 28 1 Proposed Order Case No. 4:13-cv-00708-JCS S ER N F D IS T IC T O R 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 R NIA A H 5 Sp FO seph C. Judge Jo LI RT 4 ____________________________________ Hon. Joseph C. Spero Magistrate Judge, United Statesro District Court e NO 3 UNIT ED 2 RT U O 1 DATED: ___________________ 09/23/13 ISTRIC ES D TC AT T 2 Proposed Order Case No. 4:13-cv-00708-JCS C

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