Krause v. Nevada Mutual Insurance Company et al

Filing 91

ORDER Denying without prejudice 79 and 88 Motions to Seal. Motions due by 6/14/2013. Signed by Magistrate Judge Carl W. Hoffman on 6/4/2013. (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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SANDRA K. KRAUSE,

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Plaintiff,
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vs.
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NEVADA MUTUAL INSURANCE CO., et al.,
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Defendants.
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__________________________________________)

Case No. 2:12-cv-00342-JCM-CWH
ORDER

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This matter is before the Court on Defendants’ Motion to File Documents Under Seal (#79),
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filed May 24, 2013, and Defendants’ Motion to File Documents Under Seal (#88), filed June 3,
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2013.
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Citing to the existing protective order (see Dkt. #47), Defendants request in their motion
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(#79) that a complaint filed in state court and attached as an exhibit to a declaration submitted in
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support of the motion for sanctions (#80) be sealed. Defendants also request, citing the existing
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protective order, that documents attached to their pending motion for summary judgment be sealed.
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See Defs’ Mot. (#88). The existing protective order was specifically entered to facilitate discovery.
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The Court did not enter a blanket order permitting the sealing of discovery documents for all
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purposes. Nor would it based on substantial Ninth Circuit case law to the contrary. Ultimately,
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Defendants have not provided points and authorities to support their requests. Pursuant to Local
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Rule 7-2(d), “[t]he failure of a moving party to file points and authorities in support of the motion
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shall constitute a consent to the denial of the motion.” The Court will deny these motions without
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prejudice. Defendants are invited to fully brief the sealing issue and are encouraged to start their
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research with a review of Kamakana v. City and County of Honolulu, 447 F.3d 1172 (9th Cir.
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2006).

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Based on the foregoing and good cause appearing therefore,

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IT IS HEREBY ORDERED that Defendants’ Motion to File Documents Under Seal (#79)

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and Defendants’ Motion to File Documents Under Seal (#88) are denied without prejudice. New

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motions, if any, shall be filed by Friday, June 14, 2013.

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DATED: June 4, 2013.

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______________________________________
C.W. Hoffman, Jr.
United States Magistrate Judge

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