Harris v. Northwestern Investment Management Company, LLC et al

Filing 50

ORDER by Judge Claudia Wilken GRANTING IN PART PLAINTIFFS 36 MOTION FOR LEAVE TO FILE DOCUMENTS UNDER SEAL AND DENYING PARTIES 40 STIPULATED REQUEST FOR LEAVE TO FILE DOCUMENTS UNDER SEAL. (ndr, COURT STAFF) (Filed on 6/20/2011)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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No. C 10-1763 CW
LAURIE GIBBS HARRIS,

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United States District Court
For the Northern District of California

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Plaintiff,

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v.
NORTHWESTERN INVESTMENT MANAGEMENT
COMPANY, LLC; and NORTHWESTERN MUTUAL
LIFE INSURANCE COMPANY,
Defendants.
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ORDER GRANTING IN
PART PLAINTIFF’S
MOTION FOR LEAVE TO
FILE DOCUMENTS UNDER
SEAL AND DENYING
PARTIES’ STIPULATED
REQUEST FOR LEAVE TO
FILE DOCUMENTS UNDER
SEAL
(Docket Nos. 36 and
40)

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On June 9, 2011, Plaintiff Laurie Gibbs Harris filed an
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administrative motion for leave to file under seal documents
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associated with her opposition to Defendants Northwestern
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Investment Management Company, LLC, and Northwestern Mutual Life
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Insurance Company’s motion for summary judgment.

Although she did

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not identify any particular documents, Plaintiff asserted that the
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documents at issue are designated as confidential by Defendants.
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On June 15, 2011, the parties filed a stipulated request for leave
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to file under seal Plaintiff’s opposition brief, her declaration
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and the Declaration of John A. McGuinn.

On June 16, 2011,

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Defendants filed a declaration supporting Plaintiff’s June 9
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administrative motion.
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Defendants’ declaration addresses only the

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McGuinn Declaration and its supporting exhibits.

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Plaintiff’s filings are connected to a dispositive motion.

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Because Defendants designated the documents at issue as

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confidential, they must file a declaration establishing that the

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documents are sealable.

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“must overcome a strong presumption of access by showing that

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‘compelling reasons supported by specific factual findings . . .

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outweigh the general history of access and the public policies

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favoring disclosure.’”

Civ. L.R. 79-5(d).

To do so, Defendants

Pintos v. Pac. Creditors Ass’n, 605 F.3d

United States District Court
For the Northern District of California

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665, 679 (9th Cir. 2010) (citation omitted).

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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 a

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sworn declaration demonstrating with particularity the need to file

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each document under seal.

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This cannot be

Civ. Local R. 79-5(a).

Documents cannot be sealed based solely on the parties’

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stipulation.

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request is DENIED.

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See Civ. L.R. 79-5(a).

Thus, their stipulated

(Docket No. 40.)

Defendants, however, have provided reasons supporting the

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sealing of the McGuinn Declaration and its supporting exhibits,

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which Plaintiff filed along with her opposition to Defendants’

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motion for summary judgment.

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leave to file documents under seal is GRANTED to the extent it

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pertains to the McGuinn Declaration and its supporting exhibits.

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(Docket No. 36.)

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Plaintiff shall electronically file the McGuinn Declaration and its

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supporting exhibits under seal, in accordance with General Order

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62.

Accordingly, Plaintiff’s motion for

Within three days of the date of this Order,

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Plaintiff’s opposition brief and her related declaration were

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also at issue in the parties’ rejected stipulation.

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believe these documents should be filed under seal, they shall file

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a declaration establishing their sealability within three days of

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the date of this Order.

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declaration, Plaintiff shall electronically file these documents in

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the public record.

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If Defendants

If Defendants do not file such a

IT IS SO ORDERED.

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United States District Court
For the Northern District of California

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Dated: 6/20/2011
CLAUDIA WILKEN
United States District Judge

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