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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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 5 6 ARMANDO PLASCENCIA; and MELANIA PLASCENCIA, individually and on behalf of all others similarly situated, 9 United States District Court For the Northern District of California 10 11 12 ORDER DENYING PLAINTIFFS’ MOTIONS TO FILE UNDER SEAL (Docket No. 371 and 375) Plaintiffs, 7 8 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 13 filed two motions to file under seal. In the first, they sought 14 to file under seal Exhibits A and B to the declaration of J. Mark 15 Moore, offered in support of their omnibus memorandum of law in 16 opposition to Defendant EMC Mortgage LLC’s motion to decertify the 17 class, in opposition to EMC’s motion for summary judgment and in 18 support of Plaintiffs’ motion for partial summary judgment, and 19 their unredacted memorandum of law. Docket No. 371. In the 20 second, they moved to file under seal Exhibit A to the declaration 21 of Lee A. Weiss, offered in support of their opposition to EMC’s 22 motion to exclude the testimony of Len Lyons, and their unredacted 23 opposition. Docket No. 375. Plaintiffs represent that EMC has 24 designated these documents as confidential. 25 On August 2, 2012, EMC filed a declaration regarding 26 Plaintiffs’ motions to seal. See Overbey Decl., Docket No. 381. 27 In the declaration, EMC states that it “has already waived or now 28 1 waives the confidentiality designations for all of the exhibits” 2 to the Moore and Weiss declarations and any references to these 3 documents in Plaintiffs’ briefs. 4 Id. at ¶¶ 5, 7. Accordingly, Plaintiffs’ motions for leave to file documents 5 under seal are DENIED (Docket No. 371 and 375). 6 of the date of this Order, Plaintiffs shall file in the public 7 record their unredacted briefs, Exhibits A and B to the Moore 8 declaration and Exhibit A to the Weiss declaration. 9 Within four days IT IS SO ORDERED. United States District Court For the Northern District of California 10 11 12 Dated: 8/20/2012 CLAUDIA WILKEN United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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