McCoy v. Nationstar Mortgage, LLC et al

Filing 119

ORDER (AGS): The Court provisionally grants plaintiffs' motions to seal (ECF Nos. 80 , 86 , 93 , and 97 ) and defendant's motion to seal (ECF No. 95 ). Signed by Magistrate Judge Andrew G. Schopler on 11/29/17. (jrg)

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1 UNITED STATES DISTRICT COURT 2 SOUTHERN DISTRICT OF CALIFORNIA 3 4 Thomas MCCOY, on behalf of himself and all other similarly situated, 5 6 7 Case No.: 15-cv-02366-DMS-AGS ORDER PROVISIONALLY GRANTING MOTIONS TO SEAL (ECF Nos. 80, 86, 93, 95, and 97) Plaintiff, v. NATIONSTAR MORTGAGE, LLC, 8 Defendant. 9 10 Plaintiffs and defendant filed several motions to seal briefing related to plaintiffs’ 11 motion for sanctions (ECF No. 81) and defendant’s motion to continue discovery (ECF 12 No. 82). Both parties seek to seal their motions in their entirety, including exhibits, solely 13 on the basis that defendant marked the information as “confidential” during discovery. This 14 Court previously made clear that this is an insufficient particularized showing for 15 establishing good cause to seal an exhibit, let alone an entire discovery motion. (See ECF 16 No. 32 (citing Kamakana v. City of Honolulu, 447 F.3d 1172, 1180 (9th Cir. 2006) (“[A] 17 particularized showing under the ‘good cause’ standard of Rule 26(c) will ‘suffice[] to 18 warrant preserving the secrecy of sealed discovery material attached to non-dispositive 19 motions.’” (citation omitted))). 20 Because defendant designated the information confidential, defendant may file a 21 brief by December 8, 2017, not to exceed five pages, explaining with specificity what, if 22 any, good cause exists to seal the motions and attached exhibits. In the absence of such a 23 showing, the Court intends to direct the Clerk to place the documents on the docket without 24 restriction. 25 Dated: November 29, 2017 26 27 28 1 15-cv-02366-DMS-AGS

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