San Diego County Credit Union v. Citizens Equity First Credit Union

Filing 137

ORDER Granting Plaintiff's Motion to File Under Seal [ECF No. 127 ]. Signed by Magistrate Judge Michael S. Berg on 4/22/2020. (anh)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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SAN DIEGO COUNTY CREDIT UNION,

Case No.: 18cv967-GPC(MSB)

Plaintiff,

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v.

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ORDER GRANTING PLAINITFF’S MOTION
TO FILE UNDER SEAL [ECF NO. 127]

CITIZENS EQUITY FIRST CREDIT UNION,

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Defendant.

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AND RELATED COUNTERCLAIMS

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On April 9, 2020, Plaintiff San Diego County Credit Union (“SDCCU”) filed a

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“Motion to File Under Seal Portions of [SDCCU]’s Motion to Strike Rebuttal Expert

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Report of Theodore H. Davis, Jr. and Sur-Rebuttal Report of On Amir.” (ECF No. 127.)

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Plaintiff asks the Court to seal Exhibit 5 to the Declaration of Jesse A. Salen filed in

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Support of Plaintiff’s motion to strike. (Id. at 2-3.)

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In support, Plaintiff asserts that “[n]on-dispositive motions and related materials

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may be sealed in the Ninth Circuit upon a ‘particularized showing’ under the ‘good

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cause’ standard of Fed. R. Civ. P. 26(c).” (Id. at 2 (quoting Kamakana v. City & Cty. of

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Honolulu, 447 F.3d 1172, 1179-80 (9th Cir. 2006).) Plaintiff further contends that the
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18cv967-GPC(MSB)

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document it seeks to seal contains a copy of the Expert Report of Russell W. Mangum III,

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Ph.D., which Plaintiff designated as “CONFIDENTIAL-FOR ATTORNEYS’ EYES ONLY” under

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the terms of the Protective Order entered in this case. (Id. at 3; Decl. Jesse A. Salen

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(“Salen Decl.”) 2, ECF No. 127-1.) Plaintiff’s counsel also contends that “SDCCU

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considers the Expert Report of Russell W. Mangum III, Ph.D. to contain confidential

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business information that has significant competitive value such that unrestricted

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disclosure would create a substantial risk of significant competitive injury to SDCCU.”

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(Salen Decl. at 2.) Plaintiff therefore asks the Court to seal the exhibit at issue in its

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entirety. (ECF No. 127 at 3.)

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Having reviewed Plaintiff’s motion and finding good cause, the Court GRANTS the

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motion. Accordingly, the Court ORDERS that the document Plaintiff seeks to seal [ECF

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No. 128] be filed under seal.

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IT IS SO ORDERED.
Dated: April 22, 2020

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18cv967-GPC(MSB)