Cutler v. Solomon et al

Filing 42

ORDER Granting 41 Defendant's Motion to Unseal 39 Order on Motion to Dismiss. IT IS FURTHER ORDERED that the clerk of the court shall unseal this courts prior order. Signed by Judge James C. Mahan on 05/06/2013. (Copies have been distributed pursuant to the NEF - AC)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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2:12-CV-902 JCM (VCF)

JODY GOFFMAN CUTLER,
Plaintiff(s),
v.
ESTATE OF JACK SOLOMON, et al.,

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Defendant(s).

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ORDER

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Presently before the court is defendants’, Art Loss Register, Inc., and Christopher A.

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Marinello (collectively the “ALR defendants”), motion to unseal this court’s prior order. (Doc. #

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41). Plaintiff has elected not to file a response.

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In a previous order, this court granted the ALR defendants’ motion to dismiss all of the

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claims against them due to res judicata and collateral estoppel. (Doc. # 29). The court’s order was

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sealed. (See id.). Defendants now move the court to unseal its order.

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Plaintiff has not responded. Local rule 7-2(d) states that “[t]he failure of an opposing party

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to file points and authorities in response to any motion shall constitute a consent to the granting of

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the motion.” Additionally, “courts have recognized a ‘general right to inspect and copy public

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records and documents, including judicial records and documents.’” Kamakana v. City and Cnty.

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of Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006) (citing Nixon v. Warner Commc’ns, Inc., 435 U.S.

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589, 597 n.7 (1978)). The court finds that no party will be prejudiced in any way from unsealing the

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order.

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James C. Mahan
U.S. District Judge

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Accordingly,

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that defendant’s motion to

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unseal this court’s prior order (doc. # 41) be, and the same hereby, is GRANTED.
IT IS FURTHER ORDERED that the clerk of the court shall unseal this court’s prior order
(doc. # 41).
DATED May 6, 2013.

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UNITED STATES DISTRICT JUDGE
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James C. Mahan
U.S. District Judge

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