Shaw v. BAC Home Loans Servicing, LP

Filing 38

ORDER re 37 MOTION to Seal. Defendant's opinion that the exhibits are "Confidential" is not enough in and of itself to justify filing the exhibit under seal. If Defendant wants the exhibits to be filed under seal, Defendant must file a supplemental brief explaining why the exhibits should be sealed. The supplemental brief must be filed on or before July 29, 2011. If Defendant wishes to file the supplemental brief under seal, Defendant may make such a request but must explain why such relief is necessary. Signed by Judge Barry Ted Moskowitz on 7/22/11.(ecs)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

SOUTHERN DISTRICT OF CALIFORNIA

10
11
12

DENNIS SHAW, individually and on
behalf of himself and all others similarly
situated,

Case No. 10cv2041 BTM(NLS)
ORDER RE: MOTION TO SEAL

Plaintiff,

13
v.
14
15

BAC HOME LOANS SERVICING, LP,
Defendant.

16
17

Plaintiff has filed a motion for an order permitting Plaintiff to file certain documents,
18
or portions thereof, under seal. The proffered reason for filing the exhibits under seal is that
19
they have been designated as “Confidential” by Defendant pursuant to a Protective Order.
20
The Supreme Court has held that there is a common law right of access to records
21
in civil proceedings: “It is clear that the courts of this country recognize a general right to
22
inspect and copy public records and documents, including judicial records and documents.”
23
Nixon v. Warner Communications, Inc., 435 U.S. 589, 597 (1978). Courts are required to
24
start “with a strong presumption in favor of access.” Hagestad v. Tragesser, 49 F.3d
25
1430,1434 (9th Cir. 1995).
26
However, the presumption can be overcome by sufficiently important countervailing
27
interests. San Jose Mercury News, Inc. v. United States Dist. Court, 187 F.3d 1096, 1102
28
(9th Cir. 1999). “After taking all relevant factors into consideration, the district court must
1

10cv2041 BTM(NLS)

1

base its decision on a compelling reason and articulate the factual basis for its ruling, without

2

relying on hypothesis or conjecture.” Hagestad, 49 F.3d at 1434.

3

Defendant’s opinion that the exhibits are “Confidential” is not enough in and of itself

4

to justify filing the exhibit under seal. If Defendant wants the exhibits to be filed under seal,

5

Defendant must file a supplemental brief explaining why the exhibits should be sealed. The

6

supplemental brief must be filed on or before July 29, 2011. If Defendant wishes to file the

7

supplemental brief under seal, Defendant may make such a request but must explain why

8

such relief is necessary.

9
IT IS SO ORDERED.
10
11

DATED: July 22, 2011

12
13

Honorable Barry Ted Moskowitz
United States District Judge

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2

10cv2041 BTM(NLS)