Outlaw Laboratory, LP v. DG IN PB, LLC et al
Filing
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ORDER Denying 270 Motion to File Documents Under Seal and Ordering Movant to File Redacted Documents. Signed by Judge Gonzalo P. Curiel on 9/15/20. (All non-registered users served via U.S. Mail Service)(dlg)
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UNITED STATES DISTRICT COURT
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SOUTHERN DISTRICT OF CALIFORNIA
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IN RE OUTLAW LABORATORY, LP
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LITIGATION.
Case No.: 18-cv-840-GPC-BGS
ORDER DENYING MOTION TO
FILE DOCUMENTS UNDER SEAL
AND ORDERING MOVANT TO
FILE REDACTED DOCUMENTS.
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(ECF No. 270.)
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On August 14, 2020, the Stores moved for leave to file four documents under seal
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in support of their response to Tauler Smith’s motion for summary judgment. ECF No.
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270. These invoices reflect the proceeds obtained by Tauler Smith, and disbursements
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made therefrom, while litigating and settling claims advanced on behalf of the alleged
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association-in-fact enterprise. ECF Nos. 271-1, 271-2, 271-3, 271-4. The Stores offer two
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reasons for sealing the documents: (1) that they were produced as confidential in line
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with an existing protective order issued by Magistrate Judge Bernard G. Skomal on June
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19, 2020, ECF No. 235, and (2) that Outlaw is concerned filing them without seal would
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trigger additional litigation from Tauler Smith. ECF No. 271 at 2–4.
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The reasons put forward in the motion are insufficient to provide for sealing.
Courts apply a “strong presumption in favor of access” to documents filed in litigation.
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18-cv-840-GPC-BGS
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Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1137 (9th Cir. 2003). To
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overcome that presumption, the movant must “articulate compelling reasons supported by
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specific factual findings that outweigh the general history of access and the public
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policies favoring disclosure, such as the public interest in understanding the judicial
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process.” Kamakana v. City & Cty. of Honolulu, 447 F.3d 1172, 1178–79 (9th Cir. 2006)
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(quotation marks, citations, and brackets omitted).
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Here, there is no indication of what “specific facts” would merit sealing these
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documents as opposed to filing them publicly, and that showing is required even in the
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face of a protective order. Kamakana, 447 F.3d at 1179. In addition, the fact that filing a
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document without seal may expose a party “to further litigation will not, without more,
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compel the court to seal its records.” Id. Tauler Smith, moreover, has not filed a response
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to this motion nor addressed whether the documents should be sealed in its reply to the
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motion for summary judgment. ECF No. 280.
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Accordingly, the Court DENIES the motion to file under seal. Nonetheless,
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because the Court may reference these documents in its forthcoming Order on Tauler
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Smith’s motion for summary judgment, the Court ORDERS that the Stores file redacted
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versions of these documents by September 16, 2020. Specifically, the Court orders that
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the names of any entities who are not Parties to this litigation be redacted. This will
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protect the privacy of non-parties to this litigation who may have obtained or provided
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payments noted in the invoice confidentially, and who may wish to not be associated with
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this litigation but are not otherwise represented here. See Nursing Home Pension Fund v.
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Oracle Corp., No. C01-00988-MJJ, 2007 WL 3232267, at *4 (N.D. Cal. Nov. 1, 2007)
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(citing In re Boston Herald, Inc., 321 F.3d 174, 190 (1st Cir. 2003)) (finding non-party’s
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18-cv-840-GPC-BGS
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privacy interest in personal financial information amounted to good cause). Any Party
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may move to file unredacted versions at any time.
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IT IS SO ORDERED.
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Dated: September 15, 2020
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