Plascencia et al v. Lending 1st Mortgage et al

Filing 387

ORDER by Judge Claudia Wilken DENYING PLAINTIFFS ( 371 , 375 ) MOTIONS TO FILE UNDER SEAL. (ndr, COURT STAFF) (Filed on 8/20/2012)

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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,

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United States District Court
For the Northern District of California

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ORDER DENYING
PLAINTIFFS’
MOTIONS TO FILE
UNDER SEAL (Docket
No. 371 and 375)

Plaintiffs,

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No. C 07-4485 CW

v.
LENDING 1ST MORTGAGE; LENDING 1ST
MORTGAGE, LLC; EMC MORTGAGE
CORPORATION; and DOES 1-10,
Defendants.
________________________________/
On July 27, 2012, Plaintiffs Armando and Melania Plascencia

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filed two motions to file under seal.

In the first, they sought

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to file under seal Exhibits A and B to the declaration of J. Mark
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Moore, offered in support of their omnibus memorandum of law in
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opposition to Defendant EMC Mortgage LLC’s motion to decertify the
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class, in opposition to EMC’s motion for summary judgment and in
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support of Plaintiffs’ motion for partial summary judgment, and
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their unredacted memorandum of law.

Docket No. 371.

In the

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second, they moved to file under seal Exhibit A to the declaration
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of Lee A. Weiss, offered in support of their opposition to EMC’s
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motion to exclude the testimony of Len Lyons, and their unredacted
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opposition.

Docket No. 375.

Plaintiffs represent that EMC has

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designated these documents as confidential.
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On August 2, 2012, EMC filed a declaration regarding
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Plaintiffs’ motions to seal.

See Overbey Decl., Docket No. 381.

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In the declaration, EMC states that it “has already waived or now
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waives the confidentiality designations for all of the exhibits”

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to the Moore and Weiss declarations and any references to these

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documents in Plaintiffs’ briefs.

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Id. at ¶¶ 5, 7.

Accordingly, Plaintiffs’ motions for leave to file documents

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under seal are DENIED (Docket No. 371 and 375).

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of the date of this Order, Plaintiffs shall file in the public

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record their unredacted briefs, Exhibits A and B to the Moore

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declaration and Exhibit A to the Weiss declaration.

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Within four days

IT IS SO ORDERED.

United States District Court
For the Northern District of California

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Dated:

8/20/2012

CLAUDIA WILKEN
United States District Judge

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