Ruhlmann et al v. Rudolfsky et al

Filing 248

ORDER denying 247 Motion to Seal; Defendants shall file a sealed version of the settlement agreement and a separate motion to seal that settlement agreement by December 28, 2017. Signed by Magistrate Judge Nancy J. Koppe on 12/18/2017. (Copies have been distributed pursuant to the NEF - JM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JAMES RUHLMANN, et al.,
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Plaintiff(s),
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v.
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GLENN RUDOLFSKY, et al.,
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Defendant(s).
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Case No. 2:14-cv-00879-RFB-NJK
ORDER
(Docket No. 247)

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Pending before the Court is Defendants’ motion to seal an exhibit consisting of a settlement

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agreement. Docket No. 247. When a party seeks sealing of an exhibit, it must file that exhibit under

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seal and contemporaneously file a motion to seal it. See Local Rule IA 10-5(a). The settlement

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agreement has not been filed. Moreover, the motion to enforce settlement itself discusses aspects of the

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settlement agreement and includes settlement-related discussions of counsel. See Docket Nos. 246, 246-

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1. The motion to seal fails to explain why it is proper to seal a settlement agreement that is at the heart

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of the motion to enforce settlement, and aspects of which are publicly disclosed in that underlying

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motion. Cf. Local Rule 16-5 (“In the event of a dispute to enforce a settlement agreement, the court may

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order the disclosure of confidential information”).

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Accordingly, the motion to seal is DENIED without prejudice. The parties shall confer on

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whether the settlement agreement should be sealed. To the extent any party believes that it should be,

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then Defendants shall file a sealed version of the settlement agreement and a separate motion to seal that

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settlement agreement by December 28, 2017. To the extent Defendants continue to seek sealing of the

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settlement agreement, they shall file a declaration in support of the motion to seal attesting to the

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grounds for sealing. In the event a party other than Defendants is seeking the sealing of the settlement

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agreement, that party shall provide Defendants with a declaration attesting to the grounds for sealing by

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December 27, 2017, and Defendants shall file that declaration along with the motion to seal.

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IT IS SO ORDERED.

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DATED: December 18, 2017

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______________________________________
NANCY J. KOPPE
United States Magistrate Judge

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