Progressive Casualty Insurance Company v. Delaney et al

Filing 40

ORDER Granting 25 Motion to Seal Exhibit K to 24 Response to Motion. Signed by Judge Larry R. Hicks on 6/6/12. (Copies have been distributed pursuant to the NEF - MMM)

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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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v.
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JACKIE K. DELANEY; et al.,
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Defendants.
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2:11-CV-0678-LRH-PAL
ORDER

Before the court is defendants’ motion to seal certain exhibits in support of their opposition
to the motion for summary judgment (Doc. #241). Doc. #25.
A party seeking to file materials under seal bears the burden of showing that the materials

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are covered by an operative protective order or are also deserving of confidentiality. See Foltz v.

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State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1135 (9th Cir. 2005). Specifically, a party must

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“articulate compelling reasons supported by specific factual findings that outweigh the general

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history of access and the public policies favoring disclosure.” Kamakana, City and County of

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Honolulu, 447 F.3d 1172, 1179 (9th Cir. 2006) (internal citations omitted).

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Here, the court finds that defendants have put forth compelling reasons for sealing the
requested documents. Specifically, defendants contend that these documents contain the federal

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Refers to the court’s docket number.

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examination of a bank controlled by the Federal Deposit Insurance Company which is prohibited

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from public disclosure pursuant to 12 C.F.R. § 309.6(a). Thus, defendants have met their burden

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and the court shall grant the motion accordingly.

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IT IS THEREFORE ORDERED that defendants’ motion to seal (Doc. #25) is GRANTED.

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IT IS SO ORDERED.

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DATED this 6th day of June, 2012.

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__________________________________
LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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