United States Commodity Futures Trading Commission v. Paron Capital Management, LLC et al

Filing 51

ORDER REGARDING DEFENDANT JAMES D. CROMBIES 42 ADMINISTRATIVE MOTION TO FILE UNDER SEAL. Signed by Judge Claudia Wilken on 12/13/2011. (Attachments: # 1 Certificate/Proof of Service)(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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UNITED STATES COMMODITY FUTURES
TRADING COMMISSION,
Plaintiff,

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v.

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PARON CAPITAL MANAGEMENT, LLC,
and JAMES D. CROMBIE,

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ORDER REGARDING
DEFENDANT JAMES D.
CROMBIE’S
ADMINISTRATIVE
MOTION TO FILE
UNDER SEAL
(Docket No. 42)

Defendants.

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United States District Court
For the Northern District of California

No. C 11-4577 CW

________________________________/

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Pro se Defendant James D. Crombie seeks file under seal “a

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portion of [his] Reply to Plaintiff’s response brief” regarding

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Defendant’s motion to dismiss Plaintiff’s complaint.

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content of the motion and supporting affidavit, it is apparent

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From the

that Defendant seeks to file under seal Exhibit 13 to his reply,

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which contains bank statements from JDC Ventures, LLC, a company
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owned by Defendant.

Mot. at 2; Crombie Decl. 1-2.

The Court

notes that the bank statements include complete account numbers.
Defendant’s exhibit is connected to a dispositive motion.

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establish that the documents are sealable, Defendant “must

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overcome a strong presumption of access by showing that

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To

‘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.’”

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

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

This cannot be

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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

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

In his declaration in support of his motion to seal,

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Defendant states that the business bank statements that he seeks
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to file under seal “are confidential and customer-sensitive and

United States District Court
For the Northern District of California

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contained [sic] proprietary business and customer information.”

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Crombie Decl. 1-2.

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“compelling reasons supported by specific factual findings” to

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demonstrate the need for these documents to be filed under seal.

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Pintos, 605 F.3d at 679.

Defendant, however, does not provide

As such, Defendant has not provided

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sufficient information to support the filing of the documents
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under seal at this time.
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Defendant shall be permitted four days from the date of this

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order to comply with these requirements, including to provide

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specific information regarding the need to protect Exhibit 13 from

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public disclosure.

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be denied.

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If Defendant fails to do so, his motion will

Filings made hereunder may not exceed five pages,

excluding declarations and exhibits.

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IT IS SO ORDERED.

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Dated: 12/13/2011

CLAUDIA WILKEN
United States District Judge

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