Pulliam v. United Airlines, Inc.

Filing 56

ORDER Granting 24 Motion to Seal Exhibit to 25 MOTION for Summary Judgment. Signed by Judge Miranda M. Du on 07/06/2012. (Copies have been distributed pursuant to the NEF - AC)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

DISTRICT OF NEVADA

8

***

9
10

ANGELA PULLIAM,

Case No. 2:10-cv-01406-MMD-GWF
Plaintiff,

11

ORDER
12

v.
(Motion to File Under Seal, dkt. no. 24)

13
14
15

UNITED AIRLINES, INC., a Delaware
Corporation,
Defendant.

16
17
18

Before the Court is Defendant United Airlines, Inc.’s (“United”) Motion to File

19

Documents Under Seal (dkt. no. 24). Plaintiff Angela Pulliam did not file an opposition.

20

This is an employment dispute wherein Plaintiff alleges United discriminated

21

against her on the basis of race when United terminated her for leaving work early and

22

acting inappropriately towards two United customers.

23

Plaintiff must show that United treated her differently than similarly situated employees

24

outside of her protected class. Vasquez v. City of Los Angeles, 349 F.3d 634, 640 (9th

25

Cir. 2003). United has now filed a motion for summary judgment (dkt. no. 25), and seeks

26

leave to file an exhibit under seal in support of that motion. Specifically, Exhibit 30 to

27

United’s motion for summary judgment consists of personnel information regarding the

28

disciplinary records of two former employees outside of Plaintiff’s protected class.

To support these allegations,

1

In the Ninth Circuit there is “a strong presumption in favor of access to court

2

records.” Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 984, 993 (9th Cir. 2008). To

3

overcome this presumption, a party must articulate “compelling reasons” justifying

4

nondisclosure, such as use of the record to gratify spite, permit public scandal, circulate

5

libelous statements, or release trade secrets. Kamakana v. City of Honolulu, 447 F.3d

6

1172, 1179 (9th Cir. 2006). “The mere fact that the production of records may lead to a

7

litigant’s embarrassment, incrimination, or exposure to further litigation will not, without

8

more, compel the court to seal its records. Id.

9

United raises compelling reasons justifying the filing under seal of Exhibit 30 to its

10

motion for summary judgment. The exhibit contains disciplinary information regarding

11

non-parties to this litigation.

12

information and its dissemination could result in unnecessary economic or emotional

13

harm to the non-parties. Accordingly, the Court grants United’s motion.

14

The public has no significant need to access this

ENTERED THIS 6th day July of 2012.

15
16
17

UNITED STATES DISTRICT JUDGE

18
19
20
21
22
23
24
25
26
27
28
2