IL Fornaio (America) Corp. et al v. Lazzari Fuel Company, LLC et al

Filing 169

ORDER DENYING SEALING MOTION (DKT. NO. 168) by Hon. William Alsup re 168 Administrative Motion to File Under Seal.(whalc1, COURT STAFF) (Filed on 4/13/2015)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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IL FORNAIO (AMERICA) CORPORATION,
OLIVETO PARTNERS, LTD. and THE FAMOUS
ENTERPRISE FISH COMPANY OF SANTA
MONICA, INC., on behalf of themselves and all others
similarly situated,

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For the Northern District of California

United States District Court

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No. C 13-05197 WHA

Plaintiffs,
v.
LAZZARI FUEL COMPANY, LLC,
CALIFORNIA CHARCOAL AND FIREWOOD, INC.,
CHEF’S CHOICE MESQUITE CHARCOAL,
RICHARD MORGEN, ROBERT COLBERT,
MARVIN RING, and WILLIAM W. LORD,

ORDER DENYING SEALING
MOTION (DKT. NO. 168)

Defendants.
/

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Class counsel seek $1.1 million in attorney’s fees and $221,221.72 in expenses.

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On April 9, class counsel filed an administrative motion to file under seal all of the descriptions

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on their time sheets. No narrowly-tailored specific redactions were proposed (Dkt. No. 168).

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Our analysis begins with a “strong presumption” in favor of access to court records.

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Foltz v. State Farm Mutual Automobile Insurance Company, 331 F.3d 1122, 1135

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(9th Cir. 2003). For non-dispositive motions, the “good cause” standard applies and there must

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be a “particularized showing” that specific harm or prejudice will result if the information is

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disclosed. Kamakana v. City & County of Honolulu, 447 F.3d 1172, 1179–80 (9th Cir. 2006).

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That showing has not been met here for class counsel’s blanket proposed redactions. Moreover,

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class counsel have failed to identify what specific harm or prejudice would result if the

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information was disclosed. Accordingly, the sealing motion is DENIED. In light of the

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upcoming hearing, class counsel’s exhibits must be re-filed by APRIL 17 AT NOON.

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IT IS SO ORDERED.
Dated: April 13, 2015.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE