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

Filing 488

ORDER Granting 486 Motion to Seal. Signed by Magistrate Judge Cam Ferenbach on 11/5/13. (Copies have been distributed pursuant to the NEF - EDS)

Case 2:12-cv-00536-GMN-VCF Document 486 *SEALED*

Filed 10/29/13 Page 1 of 4

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]
6
[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 486 *SEALED*

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Filed 10/29/13 Page 2 of 4

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

2 Order in this case (ECF No. 308), AMG Services, Inc. moves to file under seal the following
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documents:

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An unredacted copy of Defendants’ Opposition to Plaintiff’s Motion To
Reopen Deposition and Compel Answers, attached hereto as Exhibit 1;
Excerpts of the transcript of the July 19, 2013 deposition of Eric Barboza,
(Ex. A to the Declaration of Richard U.S. Howell (“Howell Declaration”)),
attached hereto as Exhibit 2;
Excerpts of the transcript of the July 1, 2013 deposition of Walter Archer
(Ex. B to the Howell Declaration), attached hereto as Exhibit 3;
Excerpts of the transcript of the July 9, 2013 deposition of Angela
Vanderhoof (Ex. C to the Howell Declaration), attached hereto as Exhibit 4.

11 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]

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party filing Confidential Information with the Court, and any pleadings, motions or other papers
filed with the Court disclosing Confidential Information must comply with Local Rule 10-5(b)

16 and seek to file the Confidential Information under seal as follows: for Confidential Information
17 attached to or included in dispositive motions, the moving party(ies) must articulate compelling
18 reasons supported by specific facts demonstrating that sealing the document outweighs the
19 public’s interest in disclosure . . . .” (ECF No. 308, at 5.)
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2.

Defendants’ Opposition to Plaintiff’s Motion To Reopen Deposition and Compel

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Answers contains citations to deposition transcripts that have been designated as confidential by
one of the parties. Those portions of the brief have been redacted from the filed copy of the

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3.

The transcript of the July 19, 2013 deposition of Eric Barboza contains material

26 that the FTC has designated confidential.
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Case 2:12-cv-00536-GMN-VCF Document 486 *SEALED*

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4.

Filed 10/29/13 Page 3 of 4

The transcript of the July 1, 2013 deposition of Walter Archer contains material

2 that the FTC has designated confidential.
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5.

The transcript of the July 9, 2013 deposition of Angela Vanderhoof contains

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material that the FTC has designated confidential.
6.

The personal privacy concerns related to disclosure of the above-described

7 documents constitute compelling reasons for maintaining the confidentiality of these documents.
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Accordingly, AMG respectfully asks the Court to grant their motion to file Exhibits 1

10 through 4 under seal.
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12 Dated: October 29, 2013
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/s/ Richard U.S. Howell

14 RICHARD U.S. HOWELL
& ELLIS
15 KIRKLAND LaSalle LLP
300 North
16 Chicago IL 60654 862-2000
Telephone: (312)
17 Facsimile: [phone]
Email: [e-mail]
18 Attorney for Defendants AMG Services, Inc.
and MNE Services, Inc. (dba Tribal Financial

19 Services, Ameriloan, UnitedCashLoans,
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USFastCash)

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IT IS SO ORDERED:
____________________________________
UNITED STATES MAGISTRATE JUDGE
11-5-2013
DATED: __________________

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Case 2:12-cv-00536-GMN-VCF Document 486 *SEALED*

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Filed 10/29/13 Page 4 of 4

CERTIFICATE OF SERVICE
Pursuant to Federal Rule of Civil Procedure 5(b), I hereby certify that on the 29th day of

3 October 2013, I submitted the foregoing Motion to File Documents Under Seal electronically for
4 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/ Richard U.S. Howell

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