State Farm Fire and Casualty Company v. General Motors LLC

Filing 46

MEMORANDUM DECISION AND ORDER. Defendant General Motors, LLCs Unopposed Motion to Seal (Dkt. 42 ) is DENIED WITHOUT PREJUDICE. Defendant may refile its motion within 30 days of this Order. Signed by Judge B. Lynn Winmill. (alw)

Case 1:20-cv-00040-BLW Document 46 Filed 01/07/21 Page 1 of 2

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
STATE FARM FIRE AND
CASUALTY,
Movant,
v.
GENERAL MOTORS, LLC, a
Delaware limited liability company,

Case No. 1:20-cv-00040-BLW
MEMORANDUM DECISION
AND ORDER

Defendant.

Before the Court is Defendant General Motors, LLC’s Unopposed Motion to
Seal (Dkt. 42). GM wishes to seal an exhibit to a declaration that was filed in
connection with GM’s motion for summary judgment. This particular document
was marked as confidential during discovery. The protective order thus obligated
GM to file a motion to seal the document. See Protective Order, Dkt. 18-1, ¶ 11.
That alone, however, is not enough. GM must demonstrate that sealing this
particular document satisfies the Ninth Circuit standard for sealing. See Kamakana
v. City and County of Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006). GM did not
address that standard. Accordingly, the Court will deny the motion without
prejudice.

MEMORANDUM DECISION AND ORDER - 1

Case 1:20-cv-00040-BLW Document 46 Filed 01/07/21 Page 2 of 2

ORDER
IT IS ORDERED that:
1.

Defendant General Motors, LLC’s Unopposed Motion to Seal (Dkt.
42) is DENIED WITHOUT PREJUDICE.

2.

Defendant may refile its motion within 30 days of this Order. If such
a motion is not filed within this 30-day period, the Clerk will be
directed to automatically unseal the Exhibit (Dkt. 41) without
further notice or order.

3.

If Defendant refiles a motions within this time period, the Exhibit at
Docket 41 shall remain sealed until the Court resolves the new
motion.
DATED: January 7, 2021
_________________________
B. Lynn Winmill
U.S. District Court Judge

MEMORANDUM DECISION AND ORDER - 2