Guitron et al v. Wells Fargo Bank, N.A. et al

Filing 124


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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

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