Hubbard v. Plaza Bonita, LP et al
Filing
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ORDER denying 314 Motion for Limited Access to View Documents Filed under Seal at Dkt. 306. Signed by Magistrate Judge William V. Gallo on 6/18/2020. (djk)
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UNITED STATES DISTRICT COURT
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SOUTHERN DISTRICT OF CALIFORNIA
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BARBARA HUBBARD,
Case No.: 09-CV-1581-JLS-WVG
Plaintiff,
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v.
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ORDER ON MOTION FOR
LIMITED ACCESS TO VIEW
DOCUMENTS FILED UNDER SEAL
AT DKT. 306
PLAZA BONITA, L.P., et al.,
Defendants.
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I.
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On October 24, 2019, Flava Enterprises, Inc. (“Defendant”) filed a Motion for
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Limited Access to View Documents Filed under Seal at Dkt. 306 (“Motion”). (Doc. No.
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314.) The Motion was set for hearing on November 21, 2019 at 1:30 p.m. before Judge
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Sammartino. Subsequently, on November 19, 2019, Judge Sammartino issued an order
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taking the Motion under submission without oral argument. (Doc. No. 319.) Most recently,
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on June 11, 2020, Judge Sammartino referred the matter to this Court for adjudication.
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Accordingly, having reviewed and considered Defendant’s Motion and Plaintiff’s
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Response in Opposition (Doc. No. 316), the Court DENIES Defendant’s Motion for the
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reasons explained below.
INTRODUCTION
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II.
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On September 30, 2019, Plaintiff submitted two matters for this Court’s resolution,
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namely an Ex Parte Motion to Vacate Sanctions Award (“Ex Parte Application”) (Doc. No.
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304) and a related Motion to File Documents under Seal (“Motion to Seal”) (Doc. No.
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305). On that same day, in connection with the Motion to Seal, Plaintiff filed accompanying
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documents under seal for the Court’s consideration. (Doc. No. 306.) Plaintiff’s Ex Parte
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Application turned on certain confidential facts that were memorialized in those sealed
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documents. (Doc. No. 306.) On October 1, 2019, Defendant filed its Opposition to the Ex
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Parte Application and the Motion to Seal. (Doc. No. 307.) On October 15, 2019, the Court,
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after considering Plaintiff’s moving papers and the entirety of Defendant’s Opposition,
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issued its order on the then-pending matters. In doing so, the Court denied Plaintiff’s Ex
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Parte Application and granted the Motion to Seal. (Doc. No. 309.) On October 24, 2019,
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Defendant filed the instant Motion for Limited Access to View Documents Filed under
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Seal at Dkt. 306. (Doc. No. 314.)
PROCEDURAL HISTORY
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III.
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Defendant’s Motion seeks leave to view documents Plaintiff filed under seal on
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September 30, 2019 in connection with Plaintiff’s then-pending Ex Parte Application and
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Motion to Seal. Though not styled as such, Defendant’s Motion for Limited Access to View
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Documents Filed under Seal is essentially a motion for reconsideration of the Court’s
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October 15, 2019 Order denying Plaintiff’s Ex Parte Application and granting Plaintiff’s
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Motion to Seal. In relevant part, the Court’s Order permitted Plaintiff to file certain
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confidential documents under seal and thereby “protect[ed] from public record the
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disclosure of counsel’s declaration’s contents.” (Doc. No. 309, 4:4-5.) To date, consistent
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with the Court’s ruling, Plaintiff’s sealed documents remain protected from public
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disclosure, and such non-disclosure necessarily extends to Defendant and defense counsel.
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Precisely for this reason, Defendant asks the Court to reconsider its October 15, 2019 Order
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and allow Defendant to peer behind the curtain “in the interests of justice.” (Doc. No. 314-
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1, 3:13.)
DISCUSSION
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09-CV-1581-JLS-WVG
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The Court declines to grant Defendant’s Motion for a number of reasons. As an
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initial matter, Defendant fails to define what particular “interests of justice” would be
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compromised if the Court were to maintain the status quo. In turn, the Court strains to find
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any legitimate interest favoring disclosure of Plaintiff’s sealed documents to Defendant. In
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its October 15, 2019 Order, the Court denied Plaintiff’s Ex Parte Application seeking relief
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from the November 27, 2012 Sanctions Order (Doc. No. 262) against Plaintiff in favor of
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Defendant. As such, Defendant stands to lose nothing from remaining in the proverbial
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dark as to Plaintiff’s sealed documents and has much to gain with the Court’s sanctions
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award against Plaintiff still intact. Defendant’s supplemental argument that it is entitled to
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disclosure “if only to ensure that the Hubbards don’t attempt to seek reconsideration of an
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already-adjudicated matter” in ongoing collection proceedings in the Eastern District Court
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is equally unpersuasive. Such a position is rooted exclusively in conjecture. It also fails to
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explain what prejudice will befall Defendant if, at some uncertain time in the future,
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Plaintiff attempts to rehash its filings in this Court before the Eastern District.
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Moreover, Defendant fails to meet the legal standard that applies to the instant
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Motion, namely Rule 60(b) of the Federal Rules of Civil Procedure which governs motions
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for reconsideration. Rule 60(b) allows the Court to relieve a party from an order for (1)
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mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence that,
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with reasonable diligence, could not have been discovered in time to move for a new trial
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under Rule 59(b); (3) fraud, misrepresentation, or misconduct by an opposing party; (4) a
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void judgment; (5) a judgment that has been satisfied, released, or discharged; or that is
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based on an earlier judgment that has been reversed or vacated; or in circumstances where
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applying the judgment prospectively is no longer equitable; or (6) any other reason that
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justifies relief. Fed. R. Civ. P. 60(b). Importantly, Rule 60(b)(6) “is to be used sparingly as
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an equitable remedy to prevent manifest injustice and is to be utilized only where
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extraordinary circumstances [exist].” Harvest v. Castro, 531 F.3d 737, 749 (9th Cir. 2008);
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Marlyn Nutraceuticals, Inc. v. Mucos Pharma GmbH & Co., 571 F.3d 873, 880 (9th Cir.
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2009); LaFarge Conseils et Etudes, S.A. v. Kaiser Cement, 791 F.2d 1334, 1338 (9th
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09-CV-1581-JLS-WVG
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Cir.1986) (quoting Corex Corp. v. United States, 638 F.2d 119 (9th Cir.1981) [“[C]lause
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60(b)(6) is residual and ‘must be read as being exclusive of the preceding clauses.’ The
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clause is reserved for ‘extraordinary circumstances”]).
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None of the first five enumerated grounds for relief arising under Rule 60(b) are
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present in the instant Motion. Further, Defendant fails to satisfy the catch-all provision
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under Rule 60(b)(6). Defendant’s Motion wholly lacks evidence of “manifest injustice”
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that would result from non-disclosure of Plaintiff’s sealed documents. The Motion also
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does not set forth any of “extraordinary circumstances” that would otherwise support
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disclosure. Instead, Defendant resorts to admonishing Plaintiff’s Ex Parte Application
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filing and bolsters such admonishment by citing to the Court’s October 15, 2019 Order
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noting the impropriety of Plaintiff’s filing. Plaintiff’s filing, however inappropriate, is no
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substitute for Defendant’s obligation to meet its burden under Rule 60(b)(6). Plaintiff’s
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erroneous filing certainly does not justify violating Plaintiff’s privacy rights by disclosing
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Plaintiff’s confidential documents filed under seal. Defendant’s argument to the contrary
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is legally unsound under Rule 60(b) or otherwise.
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Glaringly, Defendant’s Motion endeavors to exploit Plaintiff’s misstep in filing an
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ex parte application for purposes of gleaning Plaintiff’s sensitive information as
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memorialized in Plaintiff’s documents filed under seal on September 30, 2019. For the
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reasons above, the Court will not legitimize Defendant’s efforts to undo the privacy
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protections afforded to Plaintiff’s sealed documents. Accordingly, the Court DENIES
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Defendant’s Motion for Limited Access to View Documents Filed under Seal at Dkt. 306
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and the Court’s October 15, 2019 Order (Doc. No. 309) remains in full force and effort.
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IT IS SO ORDERED.
Dated: June 17, 2020
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