Progressive Casualty Insurance Company v. Delaney et al

Filing 159

ORDER Denying 151 Defendant's Motion to Seal Exhibits B-H to 149 Status Report. Progressive shall have until 6/25/2014, to file a memorandum of points and authorities and any supporting declaration or affidavit to make a particularized showing of good cause why the Exhibits B-H attached to the 149 FDIC-R's Status Report should remain under seal. Signed by Magistrate Judge Peggy A. Leen on 06/10/2014. (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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***

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PROGRESSIVE CASUALTY INSURANCE
COMPANY,

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Plaintiff,

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Case No. 2:11-cv-00678-LRH-PAL
ORDER

v.

(Mtn to File Under Seal - Dkt. #151)

JACKIE K. DELANEY; et al.,
Defendants.

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

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Receiver for Sun West Bank’s (“FDIC-R”), Motion to Seal Exhibits B-H to FDIC-R’s Status

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Report (Dkt. #151) filed June 9, 2014. The court has considered the Motion.

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

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H attached to the FDIC-R’s Status Report (Dkt. #149) under seal. Progressive has claimed these

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records are subject to the parties’ Confidentiality Agreement and Stipulated Protective Order

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(Dkt. #63). The FDIC-R requests the Exhibits remain under seal until Progressive has had an

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opportunity to make a particularized showing of good cause to keep the documents sealed.

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A party seeking to seal documents attached to non-dispositive motions must make a

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“particularized showing under the good cause standard of Rule 26(c).” Kamakana v. City and

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County of Honolulu, 447 F.3d 1172, 1180 (9th Cir. 2006) (citing Foltz v. State Farm Mut. Auto

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Ins. Co., 331 F.3d 1122, 1135, 1138 (9th Cir. 2003)). The court appreciates that the Motion to

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Seal was filed to comply with the FDIC-R’s obligation to treat the documents designated by

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opposing counsel as confidential.

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documents as confidential does not establish good cause for sealing documents attached to a non-

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dispositive motion filed with the court. Therefore, the FDIC-R has not made a showing of good

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cause to support sealing the documents.

However, a statement that Plaintiff has designated the

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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 B-H to the FDIC-R’s Status Report (Dkt.

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#151) is DENIED WITHOUT PREJUDICE.

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2. Progressive shall have until June 25, 2014, to file a memorandum of points and

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authorities and any supporting declaration or affidavit to make a particularized

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showing of good cause why the Exhibits B-H attached to the FDIC-R’s Status Report

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(Dkt. #149) should remain under seal.

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3. Exhibits B, C, D, E, F, G, and H attached to the FDIC-R’s Status Report (Dkt. #149)

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shall remain under seal until June 25, 2014. If Progressive fails to timely comply

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with this order, the Clerk of Court is directed to unseal the documents and make them

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available on the public docket.

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DATED this 10th day of June, 2014.

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PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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