Engel et al v. Hartford Insurance Company of the Midwest

Filing 45

ORDER 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. Signed by Magistrate Judge Peggy A. Leen on 5/3/12. (Copies have been distributed pursuant to the NEF - MMM)

1
2
3
4
5

UNITED STATES DISTRICT COURT

6

DISTRICT OF NEVADA

7
8
9
10
11
12

TERESA ENGEL, et al.,

)
)
Plaintiff,
)
)
vs.
)
)
HARTFORD INSURANCE COMPANY OF THE )
MIDWEST, et al.,
)
)
)
Defendants. )
__________________________________________)

Case No. 2:11-cv-01103-RCJ-PAL
ORDER

13
14

Before the court is the parties’ Stipulation and Protective Order (Dkt. #42) which the court

15

approved to facilitate discovery in this case. This order reminds counsel that there is a presumption of

16

public access to judicial files and records. A party seeking to file a confidential document under seal

17

must file a motion to seal and must comply with the Ninth Circuit’s directives in Kamakana v. City and

18

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

19

Additionally, the parties have not shown, and court has not found, that any specific documents

20

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

21

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

22

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

23

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

24

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

25

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

26

Kamakana 447 F.3d at 1179. Parties seeking to maintain the secrecy of documents attached to

27

dispositive motions must show compelling reasons sufficient to overcome the presumption of public

28

access. Id. at 1180.

1
2
3

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 3rd day of May, 2012.

4
5
6

________________________________________
PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2