Federal Trade Commission v. AMG Services, Inc. et al

Filing 474

ORDER Granting 464 Motion to File Documents Under Seal. Signed by Magistrate Judge Cam Ferenbach on 10/1/13. (Copies have been distributed pursuant to the NEF - EDS)

Case 2:12-cv-00536-GMN-VCF Document 464 Filed 09/30/13 Page 1 of 5

1 ANDREW A. KASSOF, P.C.
BRADLEY H. WEIDENHAMMER

2 RICHARD U.S. HOWELL

KIRKLAND & ELLIS LLP

3 300 North LaSalle

Chicago, IL 60654
[phone]
Facsimile:
[phone]
5 Email: [e-mail]
[e-mail]
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[e-mail]

4 Telephone:

7 Attorneys for Defendants AMG Services, Inc.
and MNE Services, Inc. (dba Tribal Financial

8 Services, Ameriloan, UnitedCashLoans,
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USFastCash)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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FEDERAL TRADE COMMISSION,

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Plaintiff,

Case No.: 2:12-CV-536-GMN-(VCF)

v.
AMG SERVICES, INC., ET AL.,
Defendants, and
PARK 269 LLC, ET AL.,
Relief Defendants.

MOTION TO FILE DOCUMENTS
UNDER SEAL

Case 2:12-cv-00536-GMN-VCF Document 464 Filed 09/30/13 Page 2 of 5

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Pursuant to Local Rule 10-5(b) and the Amended Confidentiality and Protective

2 Order in this case (ECF No. 308), AMG Services, Inc., MNE Services, Inc., Red Cedar
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Services, Inc., and SFS, Inc. (the “Tribal Defendants”) move to file under seal the following

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documents related to the Defendants’ Motion for Summary Judgment on Count III:
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Exhibit A-1 to Natalie Dempsey’s declaration (Ex. A to the declaration of

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Bradley Weidenhammer), the Loan Agreements related to an October 12,

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2011 loan from US Fast Cash taken by Eric Barboza (produced at Bates Nos.

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AMG_00423420–24), attached hereto as Exhibit 1.

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•

Exhibit A-2 to Ms. Dempsey’s declaration, an April 10, 2012 AMG training

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manual entitled Loan Application Process and Payment Options (produced at

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Bates Nos. AMG_00003640–97), attached hereto as Exhibit 2.

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•

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Exhibit B to Bradley Weidenhammer’s declaration, the transcript of Natalie
Dempsey’s deposition taken on August 7, 2013, attached hereto as Exhibit 3.

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Exhibit C to Mr. Weidenhammer’s declaration, the Plaintiff’s Consolidated
Responses to Defendant AMG Services Inc.’s First and Second Sets of

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Interrogatories dated June 25, 2013, attached hereto as Exhibit 4.

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•

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Exhibit G to Mr. Weidenhammer’s declaration, a copy of Natalie Dempsey’s

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declaration, ECF No. 70-4, dated May 4, 2012 and filed under seal, attached

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hereto as Exhibit 5.

23 The reasons for this motion are as follows:
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1.

Pursuant to the Amended Confidentiality and Protective Order in this case “[a]

party filing Confidential Information with the Court, and any pleadings, motions or other papers

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filed with the Court disclosing Confidential Information must comply with Local Rule 10-5(b)

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1

Case 2:12-cv-00536-GMN-VCF Document 464 Filed 09/30/13 Page 3 of 5

1 and seek to file the Confidential Information under seal as follows: for Confidential Information
2 attached to or included in dispositive motions, the moving party(ies) must articulate compelling
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reasons supported by specific facts demonstrating that sealing the document outweighs the

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public’s interest in disclosure . . . .” (ECF No. 308, at 5.)
2.

Exhibit A-1 to Natalie Dempsey’s declaration, the Loan Agreements related to an

7 October 12, 2011 loan from US Fast Cash taken by Eric Barboza (produced at Bates Nos.
8 AMG_00423420–24), were marked “Confidential” by AMG and contain both Mr. Barboza’s
9 confidential personal information as well as the defendants’ confidential commercial
10 information, the disclosure of which would cause harm to the Tribal Defendants’ businesses.
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3.

Exhibit A-2 to Ms. Dempsey’s declaration, an April 10, 2012 AMG training

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manual entitled Loan Application Process and Payment Options (produced at Bates Nos.

14 AMG_00003640–97) was marked “Confidential” by AMG and contains confidential commercial
15 information, the disclosure of which would cause harm to the Tribal Defendants’ businesses.
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4.

Exhibit B to the declaration of Bradley Weidenhammer, the transcript of Natalie

17 Dempsey’s deposition taken on August 7, 2013, was marked “Confidential” by AMG and
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contains confidential commercial information, the disclosure of which would cause harm to the

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Tribal Defendants’ businesses.

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5.

Exhibit C to Mr. Weidenhammer’s declaration, the Plaintiff’s Consolidated

22 Responses to Defendant AMG Services Inc.’s First and Second Sets of Interrogatories dated June
23 25, 2013, contains confidential commercial information, the disclosure of which would cause
24 harm to the Tribal Defendants’ businesses.
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6.

Exhibit G to Mr. Weidenhammer’s declaration, a copy of Natalie Dempsey’s

declaration, ECF No. 70-4, dated May 4, 2012 was originally filed under seal because it contains

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Case 2:12-cv-00536-GMN-VCF Document 464 Filed 09/30/13 Page 4 of 5

1 confidential commercial information, the disclosure of which would cause harm to the Tribal
2 Defendants’ businesses.
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7.

The personal privacy and commercial concerns related to disclosure of the above-

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described documents constitute compelling reasons for maintaining the confidentiality of these
documents.

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Accordingly, the Tribal Defendants respectfully ask the Court to grant their motion to

9 file Exhibits A-1, A-2, B, C, and G under seal.
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11 Dated: September 30, 2013
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/s/ Bradley H. Weidenhammer

13 BRADLEY H. WEIDENHAMMER
KIRKLAND & ELLIS LLP

14 300 North LaSalle
Chicago IL 60654

15 Telephone: [phone]
Facsimile: [phone]

16 Email: [e-mail]
17 Attorney for Defendants AMG Services, Inc.

and MNE Services, Inc. (dba Tribal Financial
18 Services, Ameriloan, UnitedCashLoans,
USFastCash)

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IT IS SO ORDERED:
____________________________________
UNITED STATES MAGISTRATE JUDGE
10-1-2013
DATED: __________________

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Case 2:12-cv-00536-GMN-VCF Document 464 Filed 09/30/13 Page 5 of 5

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CERTIFICATE OF SERVICE
Pursuant to Federal Rule of Civil Procedure 5(b), I hereby certify that on the 30th day of

3 September 2013, I submitted the foregoing Motion to File Documents Under Seal electronically
4 for filing and service with the United States District Court of Nevada. Service of the foregoing
5 document shall be made to all counsel of record via electronic case filing.
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/s/ Bradley H. Weidenhammer

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