Holman v. Experian Information Solutions, Inc. et al

Filing 78

ORDER REGARDING PLAINTIFFS AMENDED #75 ADMINISTRATIVE MOTION TO FILE UNDER SEAL. Signed by Judge Claudia Wilken on 12/13/2011. (ndr, COURT STAFF) (Filed on 12/13/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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ROANNE HOLMAN; NARCISCO NAVARRO
HERNANDEZ; MIGUEL A. ALVAREZ; and
all others similarly situated,

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United States District Court
For the Northern District of California

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Plaintiffs,
v.
EXPERIAN INFORMATION SOLUTIONS,
INC.,

No. C 11-0180 CW
ORDER REGARDING
PLAINTIFFS’
AMENDED
ADMINISTRATIVE
MOTION TO FILE
UNDER SEAL
(Docket No. 75)

Defendant.
________________________________/
Plaintiffs Roane Holman, Narcisco Navarro Hernandez and

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Miguel A. Alvarez move for leave to file under seal Exhibits D and
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E and Seven through Eleven of the Declaration of Mark F. Anderson
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in support of their motion for class certification.

Plaintiffs do

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not seek leave to file an unredacted version of their memorandum
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of law in support of their motion for class certification;
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however, Plaintiffs have filed a redacted version of their
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memorandum in the public record and have submitted an unredacted
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version to the Court.

Plaintiffs represent that Defendant

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Experian Information Solutions, Inc., has designated these
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exhibits as confidential.

Plaintiffs also state that the

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confidentiality designations of these exhibits are the subject of
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a pending discovery dispute before the magistrate judge in this
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case, though Plaintiffs do not object to filing these exhibits
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under seal here.
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Defendant has filed a declaration in support of Plaintiffs’
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motion to seal.
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See Decl. of Kathy Centanni, Docket No. 76.

In

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its declaration, Defendant withdraws its confidentiality

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designation for Exhibit E in its entirety and withdraws its

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confidentiality designation for certain portions of Exhibit D.

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Id. at ¶ 2.

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Because the public interest favors filing all court documents
in the public record, any party seeking to file a document under

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seal must demonstrate good cause to do so.

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Creditors Ass’n, 605 F.3d 665, 678 (9th Cir. 2010).

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be established simply by showing that the document is subject to a

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United States District Court
For the Northern District of California

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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

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a sworn declaration demonstrating with particularity the need to

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file each document under seal.

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document has been designated as confidential by another party,

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that party must file a declaration establishing that the document

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is sealable.

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Pintos v. Pac.
This cannot

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

If a

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

Plaintiffs are granted leave to file a motion to seal the

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unredacted version of their memorandum of law in support of their

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motion for class certification within four days from the date of

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this order.

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only the redacted memorandum of law that they already filed in the

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public record.

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If Plaintiffs fail to do so, the Court will consider

Defendant has provided reasons supporting the sealing of

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Exhibits Seven through Eleven and portions of Exhibit E.

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Accordingly, Plaintiff’s amended motion for leave to file

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documents under seal is GRANTED to the extent it pertains to

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Exhibits Seven through Eleven and portions of Exhibit E (Docket

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No. 75).

Within three days of the date of this Order, Plaintiff
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shall electronically file Exhibits Seven through Eleven and an

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unredacted version of Exhibit E under seal, in accordance with

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General Order 62.

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D and a redacted version of Exhibit E in the public record.

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the magistrate judge has issued an order concerning the

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confidentiality designations of these exhibits under the

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protective order, Plaintiffs may file a motion to unseal these

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documents if Plaintiffs are able to demonstrate that the sealed

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exhibits should be released.

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United States District Court
For the Northern District of California

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IT IS SO ORDERED.

By that date, Plaintiff shall also file Exhibit
After

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Dated: 12/13/2011

CLAUDIA WILKEN
United States District Judge

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