Schulken et al v. Washington Mutual Bank, Henderson, NV et al

Filing 93

ORDER Regarding Administrative Motion to Seal Information Designated Confidential by Defendants. Signed by Judge Lucy H. Koh on 6/10/2011. (lhklc2, COURT STAFF) (Filed on 6/10/2011)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

United States District Court
For the Northern District of California

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JEFFREY SCHULKEN, et al.,
Plaintiffs,
v.
WASHINGTON MUTUAL BANK,
HENDERSON, NV, et al.,
Defendants.

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Case No.: 09-CV-02708-LHK

ORDER REGARDING
ADMINISTRATIVE MOTION TO SEAL

On June 2, 2011, plaintiffs filed an Administrative Motion to File Under Seal (Dkt. No. 81).

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In the Motion, plaintiffs request sealing of certain documents that were designated Confidential by

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defendants under the Protective Order in this matter. Pursuant to Local Rule 79-5(d), when a party

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moves to seal documents designated as sealable by another party, the designating party must file a

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supporting declaration within 7 days, or the sealing motion will be denied. No supporting

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declaration was filed by any Defendant in response to the June 2, 2011 Sealing Motion.

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As noted in the Protective Order, simply designating information as confidential does not

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entitle the parties to file it under seal. See Stipulated Protective Order, ¶ 1. If either defendant

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objects to the public filing of the documents identified in plaintiffs’ Sealing Motion, it shall file a

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declaration stating the basis for asserting confidentiality of each exhibit plaintiffs seek to seal.

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These declarations must be filed by June 14, 2011. If no declarations are received, the Court will

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order the relevant documents to be publicly filed without sealing.
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Case No.: 09-CV-02708-LHK
ORDER REGARDING SEALING

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In the future, failure to follow the local rules and to submit declarations in support of

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motions to seal will result in denial of sealing motions and public filing of documents without

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warning.

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IT IS SO ORDERED.

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Dated: June 10, 2011

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LUCY H. KOH
United States District Judge

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United States District Court
For the Northern District of California

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Case No.: 09-CV-02708-LHK
ORDER REGARDING SEALING