Kristensen v. Credit Payment Services Inc.

Filing 276

ORDER Unsealing 247 Exhibits A-F to the Collins Declaration. Signed by Magistrate Judge Peggy A. Leen on 12/1/2014. (Copies have been distributed pursuant to the NEF - SLR)

1
2
3
4

UNITED STATES DISTRICT COURT

5

DISTRICT OF NEVADA

6

***

7

FLEMMING KRISTENSEN,

8

Plaintiff,

9
10

Case No. 2:12-cv-00528-APG-PAL
ORDER

v.
CREDIT PAYMENT SERVICES, INC., et al.,

11

Defendants.

12
This matter is before the court on Defendant LeadPile LLC’s Response (Dkt. #275) to the

13
14

court’s Order (Dkt. #255) filed November 26, 2014. The court has considered the Response.

15

On October 27, 2014, LeadPile filed a Motion to Seal (Dkt. #247) which sought an order

16

pursuant to LR 10-5(b) for leave to file the following documents that were designated

17

confidential or attorney’s eyes only pursuant to the terms of the Protective Orders (Dkt. ##32,

18

145) under seal:

19



Exhibit A to the Declaration of K. Chris Colling in Support of LeadPile’s Motion for

20

Terminating Sanctions (Dkt. #241), which contains deposition transcript excerpts from

21

the deposition of James Gee, taken January 23, 2014. LeadPile represents the deposition

22

transcript was designated confidential under the Protective Orders.

23



Exhibit B to the Collins Declaration, which contains deposition transcript excerpts from

24

the deposition of Michael Ferry, taken January 10, 2014.

25

deposition transcript was designated confidential under the Protective Orders.

26



LeadPile represents the

Exhibit C to the Collins Declaration, which contains email correspondence between AC

27

Referral, 360 Date Management, and ClickMedia, dated April 2, 2014.

LeadPile

28

represents the correspondence was designated confidential under the Protective Orders.

1



Exhibit D to the Collins Declaration, which contains deposition transcript excerpts from

2

the deposition of Plaintiff Flemming Kristensen, taken January 21, 2014.

3

represents the deposition transcript was designated confidential under the Protective

4

Orders.

5



LeadPile

Exhibit E to the Collins Declaration, which contains Edelson’s Client Retainer

6

Agreement/Engagement Letter with Plaintiff, dated February 9, 2012.

7

represents this document was designated confidential under the Protective Orders.

8
9
10



LeadPile

Exhibit F to the Collins Declaration, which contains Plaintiff’s purchase order receipt for
the purchase of a new hard drive, dated February 17, 2012. LeadPile represents the
purchase order was designated confidential under the Protective Orders.

11

The court denied the Motion to Seal without prejudice, finding LeadPile had not met its

12

burden under Kamakana v. City & Cty. of Honolulu, 447 F.3d 1172 (9th Cir. 2006), of showing

13

good cause to seal these documents under seal. The court directed that the party or parties who

14

designated Exhibits A-F as confidential under the Protective Orders to file a memorandum of

15

points and authorities no later than November 26, 2014, to establish good cause why Exhibits A-

16

F should remain under seal. LeadPile’s Response indicates that it has no objection to the

17

Exhibits being filed in the public record, and it only filed the Motion to Seal to comply with the

18

Protective Orders. No other party has filed a response to the court’s Order or requested an

19

extension of time in which to comply. The parties were warned that if any designating party

20

failed to timely comply with the Order, the Clerk of Court would unseal the Exhibits and make

21

them available on the public docket.

22

Accordingly,

23

IT IS ORDERED that the Clerk of Court shall unseal Exhibits A-F to the Collins

24
25

Declaration (Dkt. #247).
Dated this 1st day of December, 2014.

26
27
____________________________________
PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

28

-2-