Progressive Casualty Insurance Company v. Delaney et al

Filing 70

ORDER that Progressive shall have until November 14, 2013, in which to file a memorandum complying with the requirements of Kamakana. Pursuant to LR 10-5(b) the Motion to Compel Discovery 68 shall remain sealed until further order of the court. Signed by Magistrate Judge Peggy A. Leen on 10/31/13. (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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PROGRESSIVE CASUALTY INSURANCE
COMPANY,

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

Case No. 2:11-cv-00678-LRH-PAL
ORDER
(Mot. To Seal - Dkt. #69)

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Before the court is Defendant Federal Deposit Insurance Corporation, as Receiver’s (“FDIC-R”)

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Motion to Seal Motion to Compel Discovery Responses from Progressive Casualty Insurance Company

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(Dkt. #69) The motion seeks to seal the Motion to Compel Discovery (Dkt. #68) which contains and

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refers to certain documents produced by Progressive and designated “Confidential” by Progressive

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pursuant to the Confidentiality Agreement and Protective Order entered in this case. The motion does

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not comply with the requirements of Kamakana v. City and County of Honolulu, 447 F.3d 1172 (9th

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Cir. 2006) in requesting to seal the documents. The FDIC-R filed the motion to comply with its

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obligations under the Confidentiality Agreement and Protective Order (Dkt #63). The court approved

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the agreement and protective order to facilitate the parties’ discovery exchanges without making a

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finding that any particular documents were actually confidential or otherwise protected from public

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disclosure. The court entered a separate order (Dkt #64) directing the parties to comply with LR10-5(b)

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and Kamakana in any application to file materials under seal.

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As the party designating the documents as “confidential” Progressive is the party which has the

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burden of establishing that the exhibits are secret or confidential. Because the documents are attached

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and referred to in a non-dispositive filing Progressive must show and that good cause exists to keep

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them filed under seal by providing specific facts supported by affidavits or concrete examples to

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establish they are trade secret or other confidential information entitled to protection under Rule 26(c)

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or that disclosure would cause an identifiable and significant harm. See Kamakana, 447 F. 3d at 1179.

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IT IS ORDERED that Progressive shall have until November 14, 2013, in which to file a

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memorandum complying with the requirements of Kamakana. Pursuant to LR 10-5(b) the Motion to

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Compel Discovery (Dkt. #68) shall remain sealed until further order of the court.

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Dated this 31st day of October, 2013.

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______________________________________
Peggy A. Leen
United States Magistrate Judge

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