Switch, Ltd. v. Mainstream Advertising

Filing 22

ORDER Granting in part and Denying in part 18 Motion to Seal 17 Declaration of W. West Allen. It is granted with respect to Exhibit A, which may be filed under seal. It is denied with respect to Mr. Wests Declaration. The Clerk is directed to unseal Mr. Wests Declaration. Signed by Judge Miranda M. Du on 10/24/2013. (Copies have been distributed pursuant to the NEF - EDS)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 DISTRICT OF NEVADA 7 *** 8 9 SWITCH, LTD., a Nevada limited liability Case No. 2:13-cv-00781-MMD-PAL company, ORDER Plaintiff, 10 v. 11 12 13 MAINSTREAM ADVERTISING, California business entity, a Defendants. 14 15 Before the Court is Plaintiff Switch, Ltd.’s Motion for Leave to File Under Seal. 16 (Dkt. no. 18.) The Motion seeks leave to file under seal an exhibit to the Declaration of 17 W. West Allen (“Declaration”) offered in support of Plaintiff’s request for attorneys’ fees. 18 Plaintiff has filed the Declaration as well as the exhibit to the Declaration under seal. 19 The party seeking to seal bears the burden of overcoming the “strong presumption in 20 favor of access” by meeting the “compelling reasons” standard. Kamakana v. City and 21 County of Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006). Exhibit A attached to the 22 Declaration contains detailed information about the nature of the work performed and 23 tasks performed so as to be protected under the attorney-client privilege and work 24 product doctrine. The Court finds that compelling reasons exist to seal Exhibit A. In 25 contrast, the Declaration contains general information about Mr. Allen’s involvement in 26 the case, the reasonableness of the attorneys’ fees requested and billing rates for 27 counsel working on the case. The Court finds such general information, including 28 specific billing rates, are not the type of information worthy of sealing. 1 It is therefore ordered that the Motion for Leave to File Under Seal (dkt. no. 18) is 2 granted in part and denied in part. It is granted with respect to Exhibit A, which may be 3 filed under seal. It is denied with respect to Mr. West’s Declaration. 4 The Clerk is directed to unseal Mr. West’s Declaration. 5 6 DATED THIS 24th day of October 2013. 7 MIRANDA M. DU UNITED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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