Guitron et al v. Wells Fargo Bank, N.A. et al
Filing
124
ORDER by Judge Claudia Wilken GRANTING IN PART AND DENYING IN PART PLAINTIFFS 120 MOTION TO FILE UNDER SEAL. (ndr, COURT STAFF) (Filed on 1/18/2012)
1
IN THE UNITED STATES DISTRICT COURT
2
FOR THE NORTHERN DISTRICT OF CALIFORNIA
3
4
YESENIA GUITRON; and JUDI KLOSEK,
5
6
7
Plaintiffs,
v.
8
WELLS FARGO BANK, N.A.; WELLS
FARGO & CO.; PAM RUBIO; and DOES
1-20,
9
ORDER GRANTING IN
PART AND DENYING
IN PART
PLAINTIFFS’ MOTION
TO FILE UNDER SEAL
(Docket No. 120)
Defendants.
10
United States District Court
For the Northern District of California
No. C 10-3461 CW
________________________________/
11
12
Plaintiffs Yesenia Guitron and Judi Klosek seek to file under
13
seal certain exhibits submitted in support of their opposition to
14
the motion for summary judgment filed by Defendants Wells Fargo
15
Bank, N.A., Wells Fargo & Co. and Pam Rubio.
16
Plaintiffs’ filings are connected to a dispositive motion.
17
To establish that the documents are sealable, Plaintiffs “must
18
19
overcome a strong presumption of access by showing that
20
‘compelling reasons supported by specific factual findings . . .
21
outweigh the general history of access and the public policies
22
favoring disclosure.’”
23
665, 679 (9th Cir. 2010) (citation omitted).
24
established simply by showing that the document is subject to a
Pintos v. Pac. Creditors Ass’n, 605 F.3d
This cannot be
25
protective order or by stating in general terms that the material
26
is considered to be confidential, but rather must be supported by
27
28
a sworn declaration demonstrating with particularity the need to
1
file each document under seal.
2
document has been designated as confidential by another party,
3
that party must file a declaration establishing that the document
4
is sealable within seven days of the filing of the motion to seal.
5
Civil Local Rule 79-5(d).
6
Civil Local Rule 79-5(a).
If a
In their motion, Plaintiffs state that the documents that
7
they seek to file under seal fall into two categories: (1)
8
9
Plaintiffs’ personnel files while working for Defendants,
United States District Court
For the Northern District of California
10
including performance documents and personal identifying
11
information for Plaintiffs; and (2) documents that contain
12
sensitive and private information of third parties, including
13
social security numbers, bank account numbers and financial
14
information.
Plaintiffs argue that public disclosure of these
15
documents would violate the right to privacy of Plaintiffs and the
16
third parties.
In Plaintiffs’ supporting declaration, Plaintiffs
17
18
identify a third category of documents, “Documents produced by
19
Defendants in discovery that have been designated as
20
‘confidential’ by Defendants according to the terms of the
21
Parties’ Protective Order.”
22
declaration, the majority of the exhibits that Plaintiffs seek to
23
Peretz Decl. ¶ 3.
file under seal fall into this third category.
According to this
Id. at ¶¶ 4, 7.
24
Based on the Court’s review of the exhibits and Plaintiffs’
25
26
supporting declaration, the Court finds that Plaintiffs have
27
provided compelling reasons supporting the sealing of the records
28
that fall into Categories One and Two.
2
Accordingly, Plaintiffs’
1
motion is GRANTED to the extent that it applies to Exhibits 51,
2
52, 56, 72-74, 172-175, 177-195 and 197-201.
3
have not submitted a supporting declaration establishing that the
4
exhibits that fall into the third category are sealable, even
5
though more than seven days have elapsed since Plaintiffs filed
6
However, Defendants
their motion to seal and supporting declaration.
Accordingly,
7
Plaintiffs’ motion is DENIED to the extent that it seeks to submit
8
9
United States District Court
For the Northern District of California
10
these documents under seal (Docket No. 120).
Within three days of the date of this Order, Plaintiffs shall
11
electronically file Exhibits 51, 52, 56, 72-74, 172-175, 177-195
12
and 197-201 under seal, in accordance with General Order 62, and
13
the remaining exhibits in the public record.
14
15
IT IS SO ORDERED.
16
17
Dated: 1/18/2012
CLAUDIA WILKEN
United States District Judge
18
19
20
21
22
23
24
25
26
27
28
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?