Dana Gold v. Lumber Liquidators, Inc.

Filing 116

ORDER Denying 108 Motion to File Under Seal. Signed by Judge Thelton E. Henderson on 2/23/17. (tehlc2S, COURT STAFF) (Filed on 2/23/2017)

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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 DANA GOLD, et al., Plaintiffs, 7 8 9 Case No.14-cv-05373-TEH ORDER DENYING MOTION TO FILE UNDER SEAL v. LUMBER LIQUIDATORS, INC., Defendant. 10 United States District Court Northern District of California 11 12 On February 17, 2017, Plaintiffs filed a motion to file under seal excerpts of Plaintiffs’ 13 Motion for Class Certification and numerous exhibits to the Declaration of Jeffrey B. Cereghino in 14 Support of Plaintiff’s Motion for Class Certification. ECF No. 108. Plaintiffs filed the motion to 15 seal under Civil Local Rule 79-5(e) because the parties are subject to a stipulated protective order 16 in this case and Defendant designated certain documents as “confidential.” Id. at 2:7–21. 17 Under these circumstances, Civil Local Rule 79-5(e)(1) requires Defendant to file a 18 declaration “establishing that all of the designated material is sealable.” Defendant has not filed 19 any such declaration, and the time to do so has now passed. Accordingly, the motion to file under 20 seal is DENIED. Plaintiffs “may file the [unredacted] document in the public record no earlier 21 than 4 days, and no later than 10 days,” after the date of this order. Civ. L.R. 79-5(e)(2). 22 23 IT IS SO ORDERED. 24 25 26 27 28 Dated: 2/23/17 _____________________________________ THELTON E. HENDERSON United States District Judge

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