Lofton v. Verizon Wireless (VAW) LLC

Filing 140

ORDER by Judge Yvonne Gonzalez Rogers denying 131 Administrative Motion to File Under Seal (fs, COURT STAFF) (Filed on 4/22/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JOHN LOFTON,

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Case No. 13-cv-05665-YGR

Plaintiff,
v.

ORDER DENYING MOTION TO SEAL
Re: Dkt. No. 131

VERIZON WIRELESS (VAW) LLC,
Defendant.

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On April 8, 2015, the plaintiff filed an administrative motion to seal portions of his Fourth

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United States District Court
Northern District of California

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Amended Complaint. (Dkt. No. 131.) The plaintiff took no position as to the propriety of sealing

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the material at issue, but merely filed the motion in light of earlier confidentiality designations (or

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possible designations) by the defendant.
Where a party files a motion to seal solely because the document at issue contains material

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“designated as confidential by the opposing party or a non-party pursuant to a protective order,”

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the designating party is “required” to file a responsive declaration within four days “establishing

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that all of the designated material is sealable.” Civ. L. R. 79-5(e).
The defendant failed to file the required declaration. On April 17 and April 20, 2015, the

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Court informally advised the parties of the failure and inquired as to whether such a declaration

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would be forthcoming. On April 20, 2015, the defendant noted that it did not intend to file the

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required declaration. In light of these circumstances and consequently finding insufficient support

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in the record for sealing the material in question, the Court hereby DENIES plaintiff’s motion to

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seal.

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This Order terminates Docket Number 131.

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IT IS SO ORDERED.

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Dated: April 22, 2015
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YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE