Gilbert v. Bank of America, N.A. et al

Filing 43

ORDER RE MOTION TO SEAL AMENDED COMPLAINT. Signed by Judge JEFFREY S. WHITE on 10/21/13. (jjoS, COURT STAFF) (Filed on 10/21/2013) Modified on 10/21/2013 (jjoS, COURT STAFF). Modified on 10/21/2013 (jjoS, COURT STAFF).

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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SEAN L GILBERT,

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For the Northern District of California

United States District Court

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Plaintiff,

No. C 13-01171 JSW

v.

ORDER RE MOTION TO SEAL
AMENDED COMPLAINT

BANK OF AMERICA,

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Defendant.
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On October 9, 2013, Plaintiff filed an administrative motion to seal portions of the First

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Amended Complaint, because it contained information that defendant Money Mutual LLC

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designated as confidential under a protective order issued in Pham v. JPMorgan Chase Bank,

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NA, 13-CV-4209-JSW. Money Mutual has not filed the declaration required by Local Rule 79-

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5(e) in the time required by that rule, and based on the Court’s review, it would not appear that

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the information is sealable. However, the record also reflects that counsel for Money Mutual

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LLC is out of the country until October 30, 2013, a fact of which Plaintiff was aware. (See

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Docket No. 32 (Notice of Unavailability), Docket No. 33-1 (Declaration of Donald Putterman ¶

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2).)

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Mr. Putterman is not the only counsel listed as counsel of record for Money Mutual LLC

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on the caption page of those papers and, thus, it is not clear to the Court why co-counsel could

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not have responded to Plaintiff’s administrative motion. However, Mr. Putterman has attested

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that he is the only attorney in his office working on this case, and the Court shall take him at his

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word. (Putterman Decl. ¶ 6.) If, however, that is the case, it is not clear why Mr. Logan is
listed

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on the caption page as co-counsel.
In light of Mr. Putterman’s unavailability, the Court shall give Money Mutual LLC one

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final opportunity to file a declaration under Local Rule 79-5(e), that would demonstrate why

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the information Plaintiff identifies should be sealed. Money Mutual LLC shall file this

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declaration by no later than November 4, 2013. If Money Mutual LLC fails to file a declaration

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by that date or fails to establish by declaration that the portions of the First Amended Complaint

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at issue are sealable, the Court shall deny Plaintiff’s administrative motion to seal.

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Pending a ruling on the motion to seal, Document No. 41, the unredacted version of the
First Amended Complaint, shall remain locked. Plaintiff is HEREBY ADVISED that, in the

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future, he must await a ruling on a motion to seal before filing such documents in the record.

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For the Northern District of California

United States District Court

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IT IS SO ORDERED.
Dated: May 21, 2013
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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