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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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 5 UNITED STATES COMMODITY FUTURES TRADING COMMISSION, Plaintiff, 6 7 v. 8 PARON CAPITAL MANAGEMENT, LLC, and JAMES D. CROMBIE, 9 ORDER REGARDING DEFENDANT JAMES D. CROMBIE’S ADMINISTRATIVE MOTION TO FILE UNDER SEAL (Docket No. 42) Defendants. 10 United States District Court For the Northern District of California No. C 11-4577 CW ________________________________/ 11 12 Pro se Defendant James D. Crombie seeks file under seal “a 13 portion of [his] Reply to Plaintiff’s response brief” regarding 14 Defendant’s motion to dismiss Plaintiff’s complaint. 15 content of the motion and supporting affidavit, it is apparent 16 From the that Defendant seeks to file under seal Exhibit 13 to his reply, 17 which contains bank statements from JDC Ventures, LLC, a company 18 19 20 21 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. 22 establish that the documents are sealable, Defendant “must 23 overcome a strong presumption of access by showing that 24 To ‘compelling reasons supported by specific factual findings . . . 25 outweigh the general history of access and the public policies 26 27 28 favoring disclosure.’” Pintos v. Pac. Creditors Ass’n, 605 F.3d 665, 679 (9th Cir. 2010) (citation omitted). 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 4 a sworn declaration demonstrating with particularity the need to 5 file each document under seal. 6 Civ. Local R. 79-5(a). In his declaration in support of his motion to seal, 7 Defendant states that the business bank statements that he seeks 8 9 to file under seal “are confidential and customer-sensitive and United States District Court For the Northern District of California 10 contained [sic] proprietary business and customer information.” 11 Crombie Decl. 1-2. 12 “compelling reasons supported by specific factual findings” to 13 demonstrate the need for these documents to be filed under seal. 14 Pintos, 605 F.3d at 679. Defendant, however, does not provide As such, Defendant has not provided 15 sufficient information to support the filing of the documents 16 under seal at this time. 17 18 Defendant shall be permitted four days from the date of this 19 order to comply with these requirements, including to provide 20 specific information regarding the need to protect Exhibit 13 from 21 public disclosure. 22 be denied. 23 If Defendant fails to do so, his motion will Filings made hereunder may not exceed five pages, excluding declarations and exhibits. 24 25 IT IS SO ORDERED. 26 27 Dated: 12/13/2011 CLAUDIA WILKEN United States District Judge 28 2

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