Harris v. Northwestern Investment Management Company, LLC et al

Filing 54

ORDER re 52 Defendants' Declaration Regarding Plaintiff's Motion to Seal. Signed by Judge Claudia Wilken on 6/30/2011. (cwlc2, COURT STAFF) (Filed on 6/30/2011)

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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 No. C 10-1763 CW LAURIE GIBBS HARRIS, 5 ORDER ON DEFENDANTS’ DECLARATION REGARDING PLAINTIFF’S MOTION TO SEAL Plaintiff, 6 v. 7 8 NORTHWESTERN INVESTMENT MANAGEMENT COMPANY, LLC; and NORTHWESTERN MUTUAL LIFE INSURANCE COMPANY, 9 Defendants. United States District Court For the Northern District of California 10 / 11 12 Pursuant to Civil L.R. 79-5(d), Defendants Northwestern 13 Investment Management Company, LLC, and Northwestern Mutual Life 14 Insurance Company have filed a declaration supporting Plaintiff 15 Laurie Gibbs Harris’s June 9, 2011 administrative motion for leave 16 to file documents under seal. 17 brief in opposition to their motion for summary judgment, the 18 Supplemental Declaration of John A. McGuinn and its supporting 19 exhibits, and Plaintiff’s Declaration. 20 Defendants ask the Court to seal her Plaintiff’s filings are connected to a dispositive motion. 21 Because Defendants designated the documents at issue as 22 confidential, they must file a declaration establishing that the 23 documents are sealable. 24 “must overcome a strong presumption of access by showing that 25 ‘compelling reasons supported by specific factual findings . . . 26 outweigh the general history of access and the public policies 27 favoring disclosure.’” 28 665, 679 (9th Cir. 2010) (citation omitted). Civ. L.R. 79-5(d). To do so, Defendants Pintos v. Pac. Creditors Ass’n, 605 F.3d This cannot be 1 established simply by showing that the document is subject to a 2 protective order or by stating in general terms that the material 3 is considered to be confidential, but rather must be supported by a 4 sworn declaration demonstrating with particularity the need to file 5 each document under seal. 6 Civ. L.R. 79-5(a). Defendants’ declaration does not justify sealing Plaintiff’s 7 documents in their entirety. 8 information located on pages 14 and 15 of Plaintiff’s opposition 9 may be confidential, the balance of the brief does not appear to For instance, although salary United States District Court For the Northern District of California 10 reveal sensitive information. 11 tailored, as required by Civil L.R. 79-5(a). 12 Defendants’ request is not narrowly Within three days of the date of this Order, Defendants shall 13 make a narrowly-tailored sealing request. 14 with their request copies of Plaintiff’s documents reflecting their 15 proposed redactions of confidential information. 16 not file such a request, Plaintiff shall electronically file her 17 documents in the public record. 18 Defendants shall include If Defendants do IT IS SO ORDERED. 19 20 Dated: June 30, 2011 CLAUDIA WILKEN United States District Judge 21 22 23 24 25 26 27 28 2

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