Narayan et al v. EGL, Inc. et al

Filing 187

Order by Hon. Ronald M. Whyte denying 167 Administrative Motion to File Under Seal.(rmwlc1, COURT STAFF) (Filed on 10/5/2011)

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E-FILED on 10/5/2011

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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 District Court
For the Northern District of California

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SAN JOSE DIVISION

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MOHIT NARAYAN, HANNA RAHAWI,
THOMAS HEATH and UGO IHEONU, on
behalf of themselves and all others similarly
situated,

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No. C-05-04181 RMW

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ORDER DENYING PLAINTIFFS'
ADMINISTRATIVE MOTION TO FILE
UNDER SEAL EXHIBIT A TO THE
DECLARATION OF LISA DUNGAN IN
SUPPORT OF PLAINTIFFS' MOTION FOR
CLASS CERTIFICATION AND PORTIONS
OF THE MEMORANDUM OF POINTS AND
AUTHORITIES IN SUPPORT OF
PLAINTIFFS' MOTION FOR CLASS
CERTIFICATION

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[Re Docket No. 167]

Plaintiffs,
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v.
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EGL, INC., a Texas Corporation; CEVA
Freight, LLC, a Delaware Corporation, and
DOES 2-10, inclusive,

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Defendants.

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On September 23, 2011, plaintiffs requested leave to file the following documents under seal

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pursuant to Civil Local Rules 7-11 and 79-5(d): (1) Exhibit A to the Declaration of Lisa Dungan in

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Support of Plaintiffs' Motion for Class Certification, with attached documents; and (2) portions of

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the Memorandum of Points and Authorities in Support of Plaintiffs' Motion for Class Certification.

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Dkt. No. 167. Defendants have designated all of the documents in Exhibit A as confidential, and

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ORDER DENYING PLAINTIFFS' ADMINISTRATIVE MOTION TO FILE UNDER SEAL EXHIBIT A TO THE DECLARATION
OF LISA DUNGAN IN SUPPORT OF PLAINTIFFS' MOTION FOR CLASS CERTIFICATION AND PORTIONS OF THE
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFFS' MOTION FOR CLASS CERTIFICATION —No.
C-05-04181 RMW
LJP

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portions of the Memorandum of Points and Authorities quote from documents defendants have

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designated confidential. However, defendants have not filed a declaration establishing that the

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designated information is sealable as required by Civil Local Rule 79-5(d):

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Within 7 days [after the submitting party has filed the motion to seal], the designating
party must file with the Court and serve a declaration establishing that the designated
information is sealable, and must lodge and serve a narrowly tailored proposed
sealing order, or must withdraw the designation of confidentiality. If the designating
party does not file its responsive declaration as required by this subsection, the
document or proposed filing will be made part of the public record.

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Accordingly, plaintiffs' request to file under seal is denied. Within four days from the date of
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this order, plaintiffs shall file an underacted version of the subject documents in the public record.
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See Civil Local Rule 79-5(e).
United States District Court
For the Northern District of California

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DATED:

10/5/2011
RONALD M. WHYTE
United States District Judge

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ORDER DENYING PLAINTIFFS' ADMINISTRATIVE MOTION TO FILE UNDER SEAL EXHIBIT A TO THE DECLARATION
OF LISA DUNGAN IN SUPPORT OF PLAINTIFFS' MOTION FOR CLASS CERTIFICATION AND PORTIONS OF THE
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFFS' MOTION FOR CLASS CERTIFICATION —No.
C-05-04181 RMW
LJP
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