Neumont University, LLC v. Little Bizzy, LLC et al

Filing 50

ORDER Granting 47 Motion to Seal Certain Exhibits to 45 Plaintiff's Motion for Default Judgment, Permanent Injunction, and Attorneys' Fees and Costs. Signed by Judge Gloria M. Navarro on 6/19/2013. (Copies have been distributed pursuant to the NEF - SLD)

JOHN L. KRIEGER
Nevada Bar No. 6023
STEPHANIE S. BUNTIN
Nevada Bar No. 12339
LEWIS AND ROCA LLP
3993 Howard Hughes Parkway
Suite 600
Las Vegas, Nevada 89109
[phone]
[phone] (fax)

Attorneys for Plaintiff

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
NEUMONT UNIVERSITY, LLC, a Delaware
limited liability corporation,
Plaintiff,
V S.

LITTLE BIZZY, LLC, a Nevada limited liability
company; JESSE NICKLES, an individual,
Defendant.

CASE NO.: 2:12-cv-01395-GMN-PAL
PLAINTIFF'S MOTION FOR LEAVE
TO FILE UNDER SEAL CERTAIN
EXHIBITS TO PLAINTIFF'S MOTION
FOR DEFAULT JUDGMENT,
PERMANENT INJUNCTION, AND
ATTORNEYS' FEES AND COSTS

AND ORDER

Plaintiff Neumont University herewith request leave to file attorney billing records under
seal pursuant to Local Rule 10-5(b) as an exhibit to the declaration of John L. Krieger in support
of Plaintiff s Motion for Default Judgment, Permanent Injunction, and Attorneys' Fees and
Costs.
This Motion is made and based upon the papers and pleadings on file herein, and such
oral argument as the Court deems appropriate.
MEMORANDUM OF POINTS AND AUTHORITIES
Plaintiff seeks an order granting leave to file billing records under seal as an exhibit to its
Motion for Default Judgment, Permanent Injunction, and Attorneys' Fees and Costs, which is
necessary to protect the confidentiality of attorney billing rates and attorney work product.
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3512943.1

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I. LEGAL ARGUMENT

The public interest in full disclosure of documents is limited to ensuring the "public's

3 understanding of the judicial process and of significant public events."

Kamakana v. City &

4 County of Honolulu, 447 F.3d 1172, 1179 (9th Cir. 2006) (quoting Valley Broadcasting Co. v.
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U.S. Dist. Ct., 798 F.2d 1289, 1295 (9th Cir.1986)). When a party requests to file documents

6 under seal, the Court must balance the compelling reason for sealing the document with the
7 public interest favoring disclosure. Pintos v. Pacific Creditors Ass 'n, 605 F.3d 665, 678 (9th Cir.
8 2010). Documents will be sealed where compelling reasons "outweigh the general history of
9 access and the public policies favoring disclosure . . . ." Kamakana, 447 F.3d at 1178-1179.
10 Compelling reasons exist for sealing documents where their disclosure may "gratify private
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spite, promote public scandal, circulate libelous statements, or release trade secretes."

12 Kamakana, 447 F.3d at 1179.
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Further, under Nevada law, "a person has a privilege . . . to refuse to disclose and to

14 prevent other persons from disclosing a trade secret owned by him or her, if the allowance of the
15 privilege will not tend to conceal fraud or otherwise work injustice." N.R.S. § 49.325. Courts
16 have recognized billing rates as trade secrets.

See Courtesy Temporary Service, Inc. v.

17 Camacho. 272 Cal. Rptr. 352, 358 (1990) (information that includes "billing rates, key contacts,
18 specialized requirements and mark up rates, is sophisticated information and irrefutably of
19 commercial value and not readily ascertainable to other competitors.").
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Here, Plaintiff must file with the Court detailed billing records to support a Motion for

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Default Judgment, Permanent Injunction, and Attorneys' Fees and Costs. These records contain

22 exact billing rates for Plaintiff s attorneys, which is not information that is generally available to
23 the public or to Plaintiff's attorneys' competitors. Additionally, the billing records contain
24 descriptions of the work performed by Plaintiff s attorneys, which constitute confidential work
25 product and attorney-client communications. Therefore, Plaintiff seeks to submit the attorney
26 billing records under seal so as to protect the confidential nature of the bills, yet give the Court
27 the opportunity to conduct an in camera review to assess whether Plaintiff s attorney fees and
28 costs are reasonable.
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II.

CONCLUSION

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Based upon the foregoing reasons, Plaintiff therefore respectfully requests the entry of an

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order granting leave to file under seal Exhibit A to the Declaration of John L. Krieger in support

4 of Plaintiff s Motion for Default Judgment, Permanent Injunction, and Attorneys' Fees and
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Costs.
DATED this 24th day of May, 2013.

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LEWIS AND ROCA LLP

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By:/s/ John L. Krieger
JOHN L. KRIEGER
STEPHANIE BUNTIN
LEWIS AND ROCA LLP
3993 Howard Hughes Parkway, Suite 600
Las Vegas, Nevada 89109
[phone]
[phone] (fax)
Attorneys for Plaintiff

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ORDER IT IS SO ORDERED:
IT IS SO ORDERED this 19th day of June, 2013.

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UNITED STATES DISTRICT JUDGE
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DATED:

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________________________________
Gloria M. Navarro
United States District Judge

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