Plascencia et al v. Lending 1st Mortgage et al

Filing 294

ORDER by Judge Claudia Wilken GRANTING IN PART PLAINTIFFS 287 ADMINISTRATIVE MOTION TO FILE UNDER SEAL. (ndr, COURT STAFF) (Filed on 12/1/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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ARMANDO PLASCENCIA, et al.,

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Plaintiffs,
v.
LENDING 1ST MORTGAGE, et al.,

No. C 07-4485 CW
ORDER GRANTING IN
PART PLAINTIFFS’
ADMINISTRATIVE
MOTION TO FILE
UNDER SEAL
(Docket No. 287)

Defendants.
________________________________/

United States District Court
For the Northern District of California

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Plaintiffs Armando and Melania Plascencia move to file under

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seal certain documents offered in support of their Motion to Amend

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the Class Certification Order, including their unredacted

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Memorandum of Points and Authorities in support of their motion,

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the Declaration of Michael Quirk, and Exhibits 1 and 2 to the

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Quirk Declaration, excerpts from the depositions of Janet Gonzalez
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and Mary Haggarty.

Plaintiffs have filed a redacted version of

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their Memorandum of Points and Authorities in the public record.

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See Docket No. 286.

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that the materials that they seek to seal have been “designated

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‘Confidential’ under the terms of the Stipulated Protective Order

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and/or contain information from said materials.”

In their motion to seal, Plaintiffs state

Mot., at 2.

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On November 15, 2011, Defendant EMC filed a declaration in
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support of Plaintiffs’ motion to seal as to the unredacted
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Memorandum of Points and Authorities and Exhibits 1 and 2 to the

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Quirk Declaration.

See Declaration of Susan Miller Overby, Docket

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No. 288.

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“contain nonpublic, confidential, and proprietary information

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about the way in which loan documents used by Lending 1st Mortgage

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for loans it sold to EMC were prepared and by whom, and refer to

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confidential Seller’s Guides,” and that “public disclosure of this

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In this declaration, EMC states that these documents

information would cause harm and prejudice to EMC by placing EMC

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at a competitive disadvantage.”

Id. at ¶ 4.

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Because the public interest favors filing all court documents

United States District Court
For the Northern District of California

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in the public record, any party seeking to file a document under

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seal must demonstrate good cause to do so.

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Creditors Ass'n, 565 F.3d 1106, 1115 (9th Cir. 2009).

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be established simply by showing that the document is subject to a

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protective order or by stating in general terms that the material

Pintos v. Pac.
This cannot

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is considered to be confidential, but rather must be supported by
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a sworn declaration demonstrating with particularity the need to
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file each document under seal.

See Civil L.R. 79-5(a).

No party or non-party has filed a declaration establishing

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that the Declaration of Michael Quirk is sealable.

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Plaintiffs’ motion is DENIED to the extent that it pertains to the

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Quirk Declaration itself.

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Accordingly,

EMC has provided reasons supporting the sealing of the

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unredacted version of the Memorandum of Points and Authorities and
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Exhibits 1 and 2 to the Quirk Declaration, which Plaintiffs submit

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in connection with their Motion to Amend the Class Certification

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Order.

Accordingly, Plaintiffs’ motion for leave to file
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documents under seal is GRANTED to the extent it pertains to these

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documents.

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Within four days of the date of this Order, Plaintiffs may

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electronically file the Quirk Declaration in the public record or

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may withdraw it, and may file under seal the unredacted version of

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the Memorandum of Points and Authorities in support of their

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Motion to Amend the Class Certification Order and Exhibits 1 and 2
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United States District Court
For the Northern District of California

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to the Quirk Declaration, in accordance with General Order 62.
Civ. L.R. 79-5(e).
IT IS SO ORDERED.

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Dated: 12/1/2011

CLAUDIA WILKEN
United States District Judge

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