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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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, Plaintiffs, 7 8 9 United States District Court For the Northern District of California 10 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. 11 12 No. C 07-4485 CW ________________________________/ Defendant EMC Mortgage LLC, formerly known as EMC Mortgage 13 Corporation, moves to file under seal the declaration of LeAnn 14 Pedersen Pope offered in support of EMC’s omnibus motion to 15 decertify the class, motion for summary judgment and opposition to 16 Plaintiffs Armando and Melania Plascencia’s motion for partial 17 summary judgment and its motions to exclude the testimony of 18 Leonard Lyons and Jonathan Macey. EMC seeks to file the Pope 19 declaration, including all attached exhibits, under seal in its 20 entirety. 21 In EMC’s declaration in support of its motion to seal, it 22 states that it has filed separately in the public record the 23 declaration of Susan Miller Overbey, to which it has attached 24 redacted versions of the same exhibits attached to the Pope 25 declaration. Overbey Decl. in Supp. of Mot. to Seal ¶ 7. 26 Docket No. 359. 27 28 See 1 Civil Local Rule 79-5(c) provides that, when a party seek to 2 file a portion of a document under seal, counsel must, among other 3 things, lodge a chambers copy of the entire document “with the 4 sealable portions identified.” 5 also Civil Local Rule 79-5(c)(3) (“The sealable portions of the 6 document must be identified by notations or highlighting within 7 the text.”). Civil Local Rule 79-5(c)(4). See 8 EMC has failed to indicate in the chambers copy that it has 9 submitted which portions of the documents it seeks to file under United States District Court For the Northern District of California 10 seal. 11 attached to the Pope declaration to those attached to the Overbey 12 declaration to discern which portions it seeks to seal and what 13 those portions contain. 14 declaration, including its exhibits, appears to total more than 15 fifteen hundred pages. 16 declaration are not given the same exhibit letters as the 17 corresponding exhibits attached to the Overbey declaration. 18 Because a page-by-page comparison of the exhibits attached to the 19 two declarations would require a large and unnecessary expenditure 20 of judicial resources, the Court declines to engage in this task 21 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 22 23 24 25 26 27 28 2 1 Accordingly, by 12:00 p.m. two court days after the date of 2 this Order, EMC shall submit a chambers copy of the Pope 3 declaration and exhibits, with the same exhibit letters as in the 4 Overbey declaration. 5 the portions of the text that it seeks to file under seal. 6 Failure to comply with the terms of the Order will result in the 7 denial of the motion to seal. 8 In this chambers copy, EMC shall highlight IT IS SO ORDERED. 9 United States District Court For the Northern District of California 10 11 Dated: 8/27/2012 CLAUDIA WILKEN United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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