Young v. Boggs et al

Filing 46

ORDER that the parties shall comply with the requirements of LR 10-5(b), and the Ninth Circuits decision in Kamakana, 447 F.3d 1172, with respect to any documents filed under seal. Signed by Magistrate Judge Peggy A. Leen on 6/7/12. (Copies have been distributed pursuant to the NEF - ECS)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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APRIL M. YOUNG,

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Plaintiff,
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vs.
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ANDREA BOGGS, et al.,
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Defendants. )
__________________________________________)

Case No. 2:10-cv-01846-KJD-PAL
ORDER

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Before the court is the parties’ Stipulated Protective Order (Dkt. #42), which the court approved

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to facilitate discovery in this case. This order reminds counsel that there is a presumption of public

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access to judicial files and records. A party seeking to file a confidential document under seal must file

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a motion to seal and must comply with the Ninth Circuit’s directives in Kamakana v. City and County

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of Honolulu, 447 F.3d 1172 (9th Cir. 2006).

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Although the court has approved the parties’ blanket protective order to facilitate their discovery

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exchanges, the parties have not shown, and court has not found, that any specific documents are secret

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or confidential. The parties have not provided specific facts supported by affidavits or concrete

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examples to establish that a protective order is required to protect any specific trade secret or other

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confidential information under Rule 26(c) or that disclosure would cause an identifiable and significant

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harm. The Ninth Circuit has held that there is a presumption of public access to judicial files and

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records and that parties seeking to maintain the confidentiality of documents attached to non-dispositive

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motions must show good cause exists to overcome the presumption of public access. See Kamakana

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447 F.3d at 1179. Parties seeking to maintain the secrecy of documents attached to dispositive motions

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must show compelling reasons sufficient to overcome the presumption of public access. Id. at 1180.

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Accordingly,

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IT IS ORDERED that the parties shall comply with the requirements of LR 10-5(b), and the
Ninth Circuit’s decision in Kamakana, 447 F.3d 1172, with respect to any documents filed under seal.
Dated this 7th day of June, 2012.

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________________________________________
PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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