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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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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Thomas MCCOY, on behalf of himself
and all other similarly situated,

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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,

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Defendant.

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Plaintiffs and defendant filed several motions to seal briefing related to plaintiffs’

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motion for sanctions (ECF No. 81) and defendant’s motion to continue discovery (ECF

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No. 82). Both parties seek to seal their motions in their entirety, including exhibits, solely

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on the basis that defendant marked the information as “confidential” during discovery. This

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Court previously made clear that this is an insufficient particularized showing for

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establishing good cause to seal an exhibit, let alone an entire discovery motion. (See ECF

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No. 32 (citing Kamakana v. City of Honolulu, 447 F.3d 1172, 1180 (9th Cir. 2006) (“[A]

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particularized showing under the ‘good cause’ standard of Rule 26(c) will ‘suffice[] to

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warrant preserving the secrecy of sealed discovery material attached to non-dispositive

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motions.’” (citation omitted))).

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Because defendant designated the information confidential, defendant may file a

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brief by December 8, 2017, not to exceed five pages, explaining with specificity what, if

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any, good cause exists to seal the motions and attached exhibits. In the absence of such a

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showing, the Court intends to direct the Clerk to place the documents on the docket without

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restriction.

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Dated: November 29, 2017

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15-cv-02366-DMS-AGS