Plascencia et al v. Lending 1st Mortgage et al

Filing 320

ORDER by Judge Claudia Wilken DENYING PLAINTIFFS 318 ADMINISTRATIVE MOTION TO FILE UNDER SEAL. (ndr, COURT STAFF) (Filed on 1/9/2012)

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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; and MELANIA
PLASCENCIA, individually and on
behalf of all others similarly
situated,
Plaintiffs,

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United States District Court
For the Northern District of California

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v.

ORDER DENYING
PLAINTIFFS’
ADMINISTRATIVE
MOTION TO FILE
UNDER SEAL
(Docket No. 318)

LENDING 1ST MORTGAGE; LENDING 1ST
MORTGAGE, LLC; EMC MORTGAGE
CORPORATION; and DOES 1-10,
Defendants.

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No. C 07-4485 CW

________________________________/

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On December 29, 2011, Plaintiffs Armando and Melania

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Plascencia filed a motion to file under seal Exhibit 1 to the

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declaration of Chumahan B. Bowen, which Plaintiffs submitted in

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support of their reply to Defendant Lending 1st’s opposition to

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Plaintiffs’ motion to amend the complaint.

In their motion to

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seal, Plaintiffs state that Lending 1st has designated Exhibit 1
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“as ‘Confidential,’ under the terms of the Stipulated Protective
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Order.”

Mot., at 1.

Because the public interest favors filing all court documents

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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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Pintos v. Pac.
This cannot

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
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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.

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See Civil Local Rule 79-5(a).

Further, if a party wishes to file a document that has been
designated confidential by another party, the submitting party
must file and serve an Administrative Motion for a sealing order.

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Civil Local Rule 79-5(d).

Within seven days after the

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administrative motion is filed, the designating party must file a

United States District Court
For the Northern District of California

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declaration establishing that the information is sealable.

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If the designating party does not file its responsive declaration,

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the document or proposed filing will be made part of the public

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record.

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Id.

Id.

Because Plaintiffs filed their motion on December 29, 2011,

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Lending 1st, the party designating the material as confidential,
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was required to file a declaration in support of the motion to
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seal by January 5, 2012.

However, Lending 1st has not done so.

Accordingly, Plaintiffs’ motion for leave to file Exhibit 1

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to the declaration of Chumahan B. Bowen under seal is DENIED

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(Docket No. 318).

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Plaintiffs shall file Exhibit 1 in the public record.

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Within four days of the date of this Order,
Civil Local

Rule 79-5(e).

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IT IS SO ORDERED.
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Dated: 1/9/2012
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CLAUDIA WILKEN
United States District Judge

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