Progressive Casualty Insurance Company v. Delaney et al

Filing 126

ORDER Denying without prejudice 119 Defendant's Motion to Seal Exhibits E and F to 117 Declaration of Joseph M. Saka. Plaintiff shall have until 4/25/2014, to file a memorandum of points and authorities and any supporting declaration or affidavit to make a particularized showing of good cause why Exhibits E and F to the Sealed 117 Declaration should remain under seal. The Clerk of the Court is directed to unseal the documents. Signed by Magistrate Judge Peggy A. Leen on 04/11/2014. (Copies have been distributed pursuant to the NEF - AC)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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PROGRESSIVE CASUALTY INS. CO.,

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Plaintiff,
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vs.
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JACKIE K. DELANEY, et al.,
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Defendants. )
__________________________________________)

Case No. 2:11-cv-00678-LRH-PAL
ORDER
(Mtn to File Under Seal - Dkt. #119)

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This matter is before the court on Defendant Federal Deposit Insurance Company, as Receiver’s,

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(“FDIC-R”) Motion to Seal Exhibits E and F to Declaration of Joseph M. Saka in Support of Motion to

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Compel Compliance with the Court’s December 11, 2013, Order (Dkt. #119) filed April 2, 2014. The

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court has considered the Motion.

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The Motion seeks an order pursuant to LR 10-5(b) permitting the FDIC-R to file Exhibits E and

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F of the Declaration of Joseph M. Saka (Dkt. ##117, 118) under seal. The Declaration was filed in

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support of the FDIC’s Motion to Compel Compliance with the Court’s December 11, 2013, Order (Dkt.

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#116), and both were filed on April 2, 2014. The FDIC-R represents that Plaintiff Progressive Casualty

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Insurance Company designated the records contained in Exhibits E and F to the Declaration of Joseph

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M. Saka as confidential pursuant to the court’s Protective Order (Dkt. #63), which was entered October

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4, 2013.

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As set forth in the court’s Order (Dkt. #64), the court approved the parties’ blanket protective

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order to facilitate discovery exchanges, and the court “has not found that any specific documents are

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secret or confidential.” Order (Dkt. #64) at 2:2-4. The FDIC-R has not made a showing of good cause

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to support sealing the documents. A party seeking to seal documents attached to non-dispositive

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motions must make a “particularized showing under the good cause standard of Rule 26(c).”

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Kamakana, 447 F.3d at 1180 (citing Foltz v. State Farm Mut. Auto Ins. Co., 331 F.3d 1122, 1135, 1138

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(9th Cir. 2003)). The court appreciates that the Motion to Seal was filed to comply with the FDIC-R’s

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obligation to treat documents designated by opposing counsel as confidential, but the conclusory

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statement that Plaintiff designated the documents as confidential does not establish good cause for

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sealing Exhibits E and F to the Declaration of Joseph M. Saka, which was filed in support of the FDIC-

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R’s Motion to Compel Compliance.

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For these reasons,

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IT IS ORDERED:

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1.

The FDIC-R’s Motion to Seal Exhibits E and F to Declaration of Joseph M. Saka in

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Support of Motion to Compel Compliance with the Court’s December 11, 2013, Order

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(Dkt. #119) is DENIED WITHOUT PREJUDICE.

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2.

Plaintiff shall have until April 25, 2014, to file a memorandum of points and authorities

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and any supporting declaration or affidavit to make a particularized showing of good

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cause why Exhibits E and F to the Sealed Declaration of Joseph M. Saka (Dkt. #117)

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should remain under seal.

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3.

Exhibits E and F to the Sealed Declaration of Joseph M. Saka (Dkt. #117) shall remain

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under seal until April 18, 2014. If Plaintiff fails to timely comply with this order, the

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Clerk of the Court is directed to unseal the documents to make them available on the

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public docket.

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Dated this11th day of April, 2014.

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_________________________________________
PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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