Wells Fargo Bank, N.A. v. ANC Vista I, LLC et al

Filing 71

ORDER that 69 Motion to Seal is hereby DENIED without prejudice. Signed by Magistrate Judge Nancy J. Koppe on 7/14/15. (Copies have been distributed pursuant to the NEF - TR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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WELLS FARGO BANK, N.A.,
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Plaintiff(s),
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vs.
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ANC VISTA I, LLC, et al.,
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Defendant(s).
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Case No. 2:14-cv-00840-JCM-NJK
ORDER DENYING MOTION TO
SEAL
(Docket No. 69)

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Pending before the Court is a motion to seal, Docket No. 69, which is hereby DENIED without

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prejudice. The motion to seal is defective in several respects. First, when a party files a motion to seal,

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concurrently therewith it must file under seal the subject document. See Local Rule 10-5(b). While

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Defendants included a place holder indicating that the subject exhibit was filed under seal, Docket No.

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70-2, no such sealed exhibit has been filed.1

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Second, the only reason provided for the motion to seal is that Plaintiff has designated it as

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confidential pursuant to the stipulated protective order. See Docket No. 69 at 2. The Court previously

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outlined the procedure that must be followed in that situation:

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If the sole ground for a motion to seal is that the opposing party (or non-party) has
designated a document as subject to protection pursuant to the stipulated protective
order, the movant must notify the opposing party (or non-party) at least seven days prior
to filing the designated document. The designating party must then make a good faith

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The document was submitted as part of a courtesy copy, but was not filed on the docket under seal
as required. See Local Rule 10-5(b).

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determination if the relevant standard for sealing is met. To the extent the designating
party does not believe the relevant standard for sealing can be met, it shall indicate that
the document may be filed publicly no later than four days after receiving notice of the
intended filing. To the extent the designating party believes the relevant standard for
sealing can be met, it shall provide a declaration supporting that assertion no later than
four days after receiving notice of the intended filing. The filing party shall then attach
that declaration to its motion to seal the designated material. If the designating party fails
to provide such a declaration in support of the motion to seal, the filing party shall file
a motion to seal so indicating and the Court may order the document filed in the public
record.

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Docket No. 20 at 2-3. The pending motion to seal failed to comply with that procedure.
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Accordingly, the pending motion to seal is hereby DENIED without prejudice. The Court
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ORDERS Defendants to confer with Plaintiff, no later than July 17, 2015, regarding the confidentiality
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designation of the subject document. To the extent a motion to seal remains necessary, it must be refiled
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in accordance with the above procedures no later than July 21, 2015. To the extent the parties do not
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believe that sealing is necessary, Defendants shall file the subject document on the public docket no later
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than July 21, 2015.
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IT IS SO ORDERED.
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DATED: July 14, 2015
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______________________________________
NANCY J. KOPPE
United States Magistrate Judge

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