Henderson v. Explore Knowledge Foundation, et al

Filing 23

ORDER. IT IS ORDERED 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 5/7/12. (Copies have been distributed pursuant to the NEF - ASB)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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TRANG HENDERSON,

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Plaintiff,
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vs.
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EXPLORE KNOWLEDGE ACADEMY,
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Defendant.
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__________________________________________)

Case No. 2:11-cv-00659-PMP-PAL
ORDER

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Before the court is the parties’ Stipulation and Order Regarding Production of Confidential

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Information (Dkt. #21), which the court approved, with the exception of a portion of Paragraph 4 which

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required submission of any disputed documents to the court for in camera review. This order also

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reminds counsel that there is a presumption of public access to judicial files and records. A party

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seeking to file a confidential document under seal must file a contemporaneous motion to seal in

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compliance with Local Rule 10-5 and must follow the Ninth Circuit’s directives in Kamakana v. City

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

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

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exchanges. However, the parties have not shown, and court has not found, that any specific documents

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

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

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

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

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

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

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Kamakana 447 F.3d at 1179. Parties seeking to maintain the secrecy of documents attached to
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dispositive motions must show compelling reasons sufficient to overcome the presumption of public

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access. Id. at 1180.

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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 May, 2012.

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________________________________________
PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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