Herb Reed Enterprises, Inc. et al v. Bennett et al

Filing 77

ORDER Granting 71 Motion to File Under Seal. Signed by Judge James C. Mahan on 10/18/2011. (Copies have been distributed pursuant to the NEF - SLR)

1
2
3
4
UNITED STATES DISTRICT COURT
5
DISTRICT OF NEVADA
6
7
8

HERB REED ENTERPRISES, INC., et
al.,

2:10-CV-1981 JCM (RJJ)

9
Plaintiffs,

10
11

v.

12

JEAN BENNETT, et al.,

13

Defendants.

14
15

ORDER

16

Presently before the court is plaintiffs’ motion seeking leave to file under seal exhibits to

17

plaintiffs’ motion for attorneys’ fees and costs. (Doc. #71). Defendant Jean Bennett has not filed

18

an opposition.

19

Pursuant to Local Rule 7-2(b), an opposing party’s failure to file a timely response to any

20

motion constitutes the party’s consent to the granting of the motion and is proper grounds for

21

dismissal. U.S. v. Warren, 601 F.2d 471, 474 (9th Cir. 1979).

22

This court previously denied without prejudice plaintiffs’ motion for attorneys fees because

23

plaintiffs had not file sufficient billing records to establish the reasonableness of the fees sought.

24

(Doc. #70). Plaintiffs now seek to file billing records under seal as an exhibit to their renewed

25

motion for attorneys fees and costs. Citing Temporary Service, Inc. v. Camacho, 272 Cal. Rptr. 352,

26

358 (1990), plaintiffs contend that their billing rates are trade secrets and request filing such secrets

27

under seal to maintain the confidential nature of the billing rates.

28
James C. Mahan
U.S. District Judge

1

In light of the plaintiff’s failure to respond and good cause appearing,

2

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED, that plaintiffs’ motion seeking

3

leave to file under seal (doc. #71) be, and the same hereby is, GRANTED. Plaintiffs shall file

4

appropriate documentation under seal forthwith.

5

DATED October 18, 2011.

6
7
UNITED STATES DISTRICT JUDGE
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
James C. Mahan
U.S. District Judge

-2-