Risinger v. SOC LLC et al

Filing 134

ORDER Denying without prejudice 132 Motion for Leave to File. Exhibit 4 to Plaintiffs Motion for Sanctions (filed under seal as Exhibit 1 to theMotion to Seal) (Dkt. #132-1) shall remain under seal until February 24, 2015. Signed by Magistrate Judge Peggy A. Leen on 2/10/2015. (Copies have been distributed pursuant to the NEF - SLR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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KARL E. RISINGER,

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Plaintiff,

ORDER

v.
(Mtn to Seal – Dkt. #132)
SOC LLC, et al.,
Defendants.

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Case No. 2:12-cv-00063-MMD-PAL

This matter is before the court on Plaintiff Karl E. Risinger’s Motion for Leave to File

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Documents Under Seal (Dkt. #132) filed February 2, 2015.

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undersigned pursuant to LR IB 1-3. The court has considered the Motion and the supporting

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declaration of Devin A. McRae.

This matter was referred the

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Plaintiff seeks an order pursuant to LR 10-5(b) allowing him to file Exhibit 4 to the

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Motion to Impose Rule 37 Sanctions on Defendants for Violation of the Court’s November 18,

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2014, Order (Dkt. #132), which contains the deposition transcript from the deposition of Eileen

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Chipp. Plaintiff asserts the deposition transcript is confidential pursuant to the Protective Order

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(Dkt. #81) entered by the court on August 26, 2014, because it refers to other information and

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contains exhibits designated confidential pursuant to the Protective Order.

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As a general matter, there is a strong presumption of access to judicial records. See

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Kamakana v. City & County of Honolulu, 447 F.3d 1172, 1179 (9th Cir. 2006). The Ninth

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Circuit has carved out an exception to this presumption of access for materials attached to non-

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dispositive motions where the movant makes a particularized showing of good cause under Rule

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26(c) of the Federal Rules of Civil Procedure that rebuts the public’s right of access. See Foltz v.

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State Farm Mut. Ins. Co., 331 F.3d 1122, 1135, 1138 (9th Cir. 2003); Phillips v. Gen. Motors

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Corp., 307 F.3d 1206, 1213 (9th Cir. 2002).
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As an initial matter, Plaintiff’s reliance on the Protective Order to establish good cause to

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seal the documents is insufficient. In the Order (Dkt. #82) entered with the Protective Order, the

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court specifically approved the parties’ Protective Order to facilitate discovery exchanges, and

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“the parties have not shown, and the court has not found, that any specific documents are secret

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or confidential.” Order (Dkt. #81) at 2: 3-5. The Ninth Circuit requires a party to make a

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particularized showing of good cause for each document it seeks to file under seal. See Foltz,

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331 F.3d at 1131.

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document they seek to seal. A party seeking a blanket protective order “typically does not make

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the ‘good cause’ showing required by Rule 26(c) with respect to any particular document.” Id. at

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1133; see also Beckman Indus., Inc. v. Int’l Ins. Co., 966 F.2d 470, 476 (9th Cir. 1992)

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(explaining that blanket stipulated protective orders are over-inclusive by nature and do not

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include a finding of “good cause”).

The movant must make the required particularized showing for each

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Because a blanket stipulated protective order does not contain a finding of good cause to

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keep any particular document confidential, the fact that a court has entered a blanket stipulated

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protective order and that a party has designated a document confidential pursuant to that

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protective order does not establish good cause for sealing a particular document. See, e.g.,

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Rockwell Automation, Inc. v. Beckhoff Automation, LLC, 2014 U.S. Dist. Lexis 78873, *3-4 (D.

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Nev. June 9, 2014); see also Kamakana, 447 F.3d at 1183 (discussing “the hazard of stipulated

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protective orders,” noting they often “purport to put the entire litigation under lock and key

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without regard to the actual requirements of Rule 26(c)”).

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The court appreciates that Plaintiff has filed this motion because Defendant designated

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the transcript as confidential to comply with the Protective Order. However, Plaintiff has not

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met its burden of making a particularized showing of good cause to file the transcript under seal

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by merely stating Defendant designated the transcript as confidential. It did not provide any

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specific facts, supported by affidavits or concrete examples, to show any specific confidential

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information should remain under seal or establish that disclosure of the information would cause

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an identifiable and significant harm. In addition, the Ninth Circuit imposes a duty on this court

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to not only consider whether the party seeking protection has shown particularized harm, and
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whether the balance of public and private interests weighs in favor, but also keep in mind the

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possibility of redacting sensitive material. The Ninth Circuit has made clear that the sealing of

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entire documents is improper when any confidential information can be redacted while leaving

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meaningful information available to the public. See Foltz, 331 F.3d at 1137; see also In re

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Roman Catholic Archbishop of Portland in Oregon, 661 F.3d 417, 425 (9th Cir. 2011). Here,

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Plaintiff has not specified which portions of the deposition transcript and related exhibits should

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remain under seal.

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For all of these reasons,

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IT IS ORDERED:

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1. Plaintiff’s Motion to Seal (Dkt. #132) is DENIED WITHOUT PREJUDICE.

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2. Any party seeking to maintain the deposition transcript and related exhibits, attached

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as Exhibit 4 to Plaintiff’s Motion for Sanctions (Dkt. #131) shall have until February

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24, 2015, in which to file a Memorandum of Points and Authorities and any

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supporting declaration or affidavit to make a particularized showing of good cause

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why Exhibit 4, or redacted portions of Exhibit 4, should remain under seal.

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3. Exhibit 4 to Plaintiff’s Motion for Sanctions (filed under seal as Exhibit 1 to the

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Motion to Seal) (Dkt. #132-1) shall remain under seal until February 24, 2015. If no

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party timely complies with this order, the Clerk of Court is directed to unseal the

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Exhibit (Dkt. #132-1) and make it available on the public docket.

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Dated this 10th day of February, 2015.

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PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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