Yeoman et al v. Ikea U.S.A. West, Inc. et al

Filing 141

ORDER: The Motion to File Documents Under Seal Pursuant to Stipulated Protective Order (Doc. 133 ) remains pending before the Court. Defendant shall file supplemental materials in support of the request to seal no later than ten (10) days from the date this Order is filed. Signed by Judge William Q. Hayes on 1/15/2014. (mdc)

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1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 SOUTHERN DISTRICT OF CALIFORNIA 11 12 13 14 15 16 17 REID YEOMAN and RITA MEDELLIN, on behalf of themselves and all others similarly situated CASE NO. 11cv701 WQH (BGS) ORDER Plaintiffs, vs. IKEA U.S. WEST, INC.; DOES 1-50, inclusive, Defendants. 18 HAYES, Judge: On December 2, 2013, Plaintiff Rita Medellin filed a Motion to File Documents 19 20 Under Seal Pursuant to Stipulated Protective Order. (ECF No. 133). Medellin seeks 21 the permission of the Court to file under seal the unredacted Exhibit ‘F’ attached to the 22 Declaration of Gene J. Stonebarger In Support of Plaintiff’s Opposition to Motion to 23 Exclude Ikea’s “Process for Entering Zip Codes At the Register.” Id. at 1. Medellin 24 seeks the Court’s permission pursuant to the Stipulated Protective Order (ECF No. 16) 25 because the evidence quoted in the Declaration was designated “Confidential” by 26 Defendant. Id. at 2. Plaintiff states that she “cannot articulate good cause for sealing 27 the unredacted documents, but submits such documents for sealing pending good cause 28 shown by Defendant.” Id. at 2. -1- 11cv701 WQH (BGS) 1 “Historically, courts have recognized a general right to inspect and copy public 2 records and documents, including judicial records and documents.” Kamakana v. City 3 and County of Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006) (quotation omitted). 4 Except for documents that are traditionally kept secret, there is “a strong presumption 5 in favor of access to court records.” Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 6 1122, 1135 (9th Cir. 2003). “A party seeking to seal a judicial record then bears the 7 burden of overcoming this strong presumption by meeting the compelling reasons 8 standard. That is, the party must articulate compelling reasons supported by specific 9 factual findings, ... that outweigh the general history of access and the public policies 10 favoring disclosure, such as the public interest in understanding the judicial process.” 11 Kamakana, 447 F.3d at 1178-79 (quotation omitted). The presumed right to access to 12 court proceedings and documents can be overcome “only by an overriding right or 13 interest based on findings that closure is essential to preserve higher values and is 14 narrowly tailored to serve that interest.” Oregonian Publ’g Co. v. U.S. Dist. Court, 920 15 F.2d 1462, 1465 (9th Cir. 1990) (quotation omitted). 16 Plaintiff has not satisfied the “compelling reasons standard” as to the document 17 she seeks to file under seal. In the absence of “compelling reasons,” the Court cannot 18 seal the document. The Court will not deny the Motion to File Documents Under Seal 19 Pursuant to Stipulated Protective Order without providing the Defendant with an 20 opportunity to meet the burden required to seal the document at issue. 21 IT IS HEREBY ORDERED that the Motion to File Documents Under Seal 22 Pursuant to Stipulated Protective Order (ECF No. 133) remains pending before the 23 Court. Defendant shall file supplemental materials in support of the request to seal no 24 later than ten (10) days from the date this Order is filed. 25 DATED: January 15, 2014 26 27 WILLIAM Q. HAYES United States District Judge 28 -2- 11cv701 WQH (BGS)

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