Walters v. Target Corp.

Filing 150

ORDER Granting 116 , 119 , 128 , 135 Motions to File Documents Under Seal. Signed by Judge M. James Lorenz on 6/17/19. (dlg)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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JAMES WALTERS, on behalf of himself
and all others similarly situated,

Case No.: 3:16-cv-1678-L-MDD
ORDER GRANTING MOTIONS TO
FILE DOCUMENTS UNDER SEAL
[Doc. Nos. 116, 119, 128, 135]

Plaintiff,
v.
TARGET CORP.,
Defendant.

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Pending before the Court are four unopposed motions to file under seal several

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documents related to Defendant Target Corporation’s (‘Target”) motion for summary

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judgment and Plaintiff James Walters’ (“Walters”) motion for class certification [docs.

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116, 119, 128, 135]. For the reasons which follow, each motion is GRANTED.

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Sealing court records implicates the "general right to inspect and copy public records

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and documents, including judicial records and documents." Nixon v. Warner Commc'ns,

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Inc., 435 U.S. 589, 597 & n.7 (1978). The lack of opposition to a motion to seal therefore

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does not automatically resolve it. See Foltz v. State Farm Mut. Auto Ins. Co., 331 F.3d

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1128, 1130 (9th Cir. 2003). Aside from “grand jury transcripts and warrant materials in

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the midst of a pre-indictment investigation,” a strong presumption applies in favor of public

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access to judicial records. Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1178
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3:16-cv-1678-L-MDD

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(9th Cir. 2006). Accordingly, a party seeking to seal a judicial record bears the burden of

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overcoming the strong presumption of public access by meeting the “compelling reasons”

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standard. Id. at 1178. Whether a party’s proffered reasons for filing documents under seal

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are compelling is fact specific and left to the “sound discretion of the trial court.” Nixon,

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435 U.S. at 599. “In general, compelling reasons sufficient to outweigh the public’s

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interest in disclosure and justify sealing court records exist when such ‘court files might

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have become a vehicle for improper purposes,’ such as the use of records to gratify private

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spite, promote public scandal, circulate libelous statements, or release trade secrets.”

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Kamakana, 447 F.3d at 1179.

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Here, Walters seeks to file under seal his opposition to Target’s motion for summary

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and certain exhibits and his reply supporting Walters’ motion for class certification and

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certain confidential exhibits [docs. 116, 135]. Meanwhile, Target seeks to file under seal

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its reply in support of its motion for summary judgment with corresponding exhibit and its

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unredacted opposition to Walters’ motion for class certification and exhibits [docs. 119,

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128]. The pleadings, transcripts, and exhibits sought to be filed under seal reference and

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directly touch on Target’s and third party’s trade secrets, business practices, and internal

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operating policies and procedures related to its debit card. Having reviewed the motions

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and attached exhibits, the Court finds that public disclosure of these documents might harm

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defendant’s competitive standing in its business. Accordingly, in its discretion, the Court

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permits the requested documents to be filed under seal. See Nixon, 435 U.S. at 598–99.

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The Court therefore GRANTS these motions to file the following documents under seal:

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(1) Walters’ opposition to Target’s motion for summary judgment and exhibits 2-10,
12-19, 24-25 [doc. 116];
(2) Target’s unredacted reply memorandum of points and authorities and exhibit B
in support of its motion for summary judgment [doc. 118];

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(3) Target’s opposition to Walter’s motion for class certification, exhibits D, E, and

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F of James R. McGuire’s declaration, and exhibit A of Kristen Cook’s declaration

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[doc. 128];
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3:16-cv-1678-L-MDD

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(4) Walters’ reply in support of his motion for class certification and attached
exhibits [doc. 135].
IT IS SO ORDERED.

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Dated: June 17, 2019

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3:16-cv-1678-L-MDD