B & R Supermarket, Inc., et al v. Visa, Inc. et al

Filing 455

ORDER RE 436 445 449 452 ADMINISTRATIVE MOTIONS TO FILE UNDER SEAL IN CONNECTION WITH 437 MOTION TO TRANSFER. Signed by Judge Alsup on 4/7/2017. Show Cause Response due by 4/13/2017. (whalc2, COURT STAFF) (Filed on 4/7/2017)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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B & R SUPERMARKET, INC., et al.,

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Plaintiffs,

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For the Northern District of California

United States District Court

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No. C 16-01150 WHA

v.

ORDER RE ADMINISTRATIVE
MOTIONS TO FILE UNDER
SEAL IN CONNECTION WITH
MOTION TO TRANSFER

VISA, INC., et al.,
Defendants.
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In connection with defendants’ motion to transfer (Dkt. No. 437), both sides have filed

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administrative motions to file under seal (Dkt. Nos. 436, 445, 449, 452). The motions seek to

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keep under seal two pleadings from the multidistrict litigation in the Eastern District of New

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York, as well as references to said pleadings in other documents, on the basis that the pleadings

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contain purportedly confidential information. Declarations submitted in support of sealing

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indicated that (1) both pleadings in question remain under seal in the MDL, and (2) public

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versions of the pleadings with more tailored redactions would be filed around March 31.

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The parties have offered no further explanation as to why the two MDL pleadings and

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their contents deserve to be kept under seal here. The Court’s own review of the parties’

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redactions revealed nothing that would justify sealing — particularly wholesale sealing of the

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type sought here — under the standards set forth in Kamakana v. City & Cty. of Honolulu, 447

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F.3d 1172 (9th Cir. 2006), which remain the controlling standards in this litigation.

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Nonetheless, out of respect for the Eastern District of New York — and with the
expectation that the parties would soon file revised versions of the materials sought to be kept

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under seal with more tailored redactions, if any — the Court stayed its hand as to the motions.

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As of this order, however, no public versions have been filed in this action. All movants

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responsible for these administrative motions shall SHOW CAUSE by APRIL 13 AT NOON why

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anything in connection with defendants’ motion to transfer should be kept under seal. To the

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extent that any movant continues to request sealing under the standards set forth in Kamakana,

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that movant shall also revise both the proposed order on their sealing motion and the redacted

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versions of their materials accordingly, and file all revised documents by APRIL 13 AT NOON.

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IT IS SO ORDERED.

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For the Northern District of California

United States District Court

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Dated: April 7, 2017.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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