Plascencia et al v. Lending 1st Mortgage et al

Filing 396

ORDER REGARDING EMCS 362 MOTION TO FILE UNDER SEAL. Signed by Judge Claudia Wilken on 8/27/2012. (ndr, COURT STAFF) (Filed on 8/27/2012)

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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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ORDER REGARDING
EMC’S MOTION TO
FILE UNDER SEAL
(Docket No. 362)

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

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No. C 07-4485 CW

________________________________/
Defendant EMC Mortgage LLC, formerly known as EMC Mortgage

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Corporation, moves to file under seal the declaration of LeAnn
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Pedersen Pope offered in support of EMC’s omnibus motion to
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decertify the class, motion for summary judgment and opposition to
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Plaintiffs Armando and Melania Plascencia’s motion for partial
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summary judgment and its motions to exclude the testimony of
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Leonard Lyons and Jonathan Macey.

EMC seeks to file the Pope

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declaration, including all attached exhibits, under seal in its
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entirety.
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In EMC’s declaration in support of its motion to seal, it
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states that it has filed separately in the public record the
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declaration of Susan Miller Overbey, to which it has attached
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redacted versions of the same exhibits attached to the Pope
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declaration.

Overbey Decl. in Supp. of Mot. to Seal ¶ 7.

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Docket No. 359.
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See

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Civil Local Rule 79-5(c) provides that, when a party seek to

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file a portion of a document under seal, counsel must, among other

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things, lodge a chambers copy of the entire document “with the

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sealable portions identified.”

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also Civil Local Rule 79-5(c)(3) (“The sealable portions of the

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document must be identified by notations or highlighting within

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the text.”).

Civil Local Rule 79-5(c)(4).

See

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EMC has failed to indicate in the chambers copy that it has

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submitted which portions of the documents it seeks to file under

United States District Court
For the Northern District of California

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seal.

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attached to the Pope declaration to those attached to the Overbey

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declaration to discern which portions it seeks to seal and what

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those portions contain.

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declaration, including its exhibits, appears to total more than

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fifteen hundred pages.

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declaration are not given the same exhibit letters as the

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corresponding exhibits attached to the Overbey declaration.

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Because a page-by-page comparison of the exhibits attached to the

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two declarations would require a large and unnecessary expenditure

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of judicial resources, the Court declines to engage in this task

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and will not excuse EMC’s violation of the Civil Local Rules.

It appears to request the Court to compare the exhibits

The Court notes that the Pope

Further, the exhibits attached to the Pope

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Accordingly, by 12:00 p.m. two court days after the date of

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this Order, EMC shall submit a chambers copy of the Pope

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declaration and exhibits, with the same exhibit letters as in the

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Overbey declaration.

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the portions of the text that it seeks to file under seal.

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Failure to comply with the terms of the Order will result in the

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denial of the motion to seal.

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In this chambers copy, EMC shall highlight

IT IS SO ORDERED.

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United States District Court
For the Northern District of California

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Dated: 8/27/2012

CLAUDIA WILKEN
United States District Judge

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