Landi v. Panda Express, Inc.

Filing 18

ORDER that paragraph 12 of 17 Stipulated Protective Order is NOT APPROVED and is STRICKEN. Signed by Magistrate Judge Peggy A. Leen on 11/12/14. (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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***

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CARMELLA LANDI,

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Case No. 2:14-cv-01045-JCM-PAL
Plaintiff,

ORDER

v.
PANDA EXPRESS, INC., et al.,
Defendants.

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Before the court is the parties= Stipulated Protective Order (Dkt. #17), which the court

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approved, with the exception of Paragraph 12, to facilitate discovery in this case. This order also

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reminds counsel that there is a presumption of public access to judicial files and records. A party

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seeking to file a confidential document under seal must file a motion to seal and must comply

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with the Ninth Circuit=s directives in Kamakana v. City and County of Honolulu, 447 F.3d 1172

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(9th Cir. 2006).

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Paragraph 12 provides that, when filing documents subject to the Protective Order with

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the court, the parties should submit the documents to the Clerk of Court in a sealed envelope.

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While this was an acceptable procedure prior to the courts adoption of electronic filing

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procedures, with a few exceptions not applicable here, the Clerk of the Court no longer maintains

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paper records. Special Order 109 requires the Clerk of the Court to maintain the official files for

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all cases filed on or after November 7, 2005, in electronic form.

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constitutes the official record of the court. Attorneys must file documents under seal using the

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court’s electronic filing procedures. See LR 10-5(b). That rule provides:

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The electronic record

Unless otherwise permitted by statute, rule or prior Court order,
papers filed with the Court under seal shall be accompanied by a
motion for leave to file those documents under seal, and shall be
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filed in accordance with the Court=s electronic filing procedures. If
papers are filed under seal pursuant to prior Court order, the papers
shall bear the following notation on the first page, directly under the
case number: AFILED UNDER SEAL PURSUANT TO COURT
ORDER DATED __________.@ All papers filed under seal will
remain sealed until such time as the Court may deny the motion to
seal or enter an order to unseal them, or the documents are unsealed
pursuant to Local Rule.

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The court has approved the parties= blanket protective order to facilitate their discovery

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exchanges. However, the parties have not shown, and court has not found, that any specific

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documents are secret or confidential. The parties have not provided specific facts supported by

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affidavits or concrete examples to establish that a protective order is required to protect any

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specific trade secret or other confidential information under Rule 26(c) or that disclosure would

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cause an identifiable and significant harm. The Ninth Circuit has held that there is a presumption

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of public access to judicial files and records and that parties seeking to maintain the

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confidentiality of documents attached to non-dispositive motions must show good cause exists to

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overcome the presumption of public access. See Kamakana 447 F.3d at 1179. Parties seeking to

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maintain the secrecy of documents attached to dispositive motions must show compelling

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reasons sufficient to overcome the presumption of public access. Id. at 1180.

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Accordingly,

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IT IS ORDERED:

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1. Paragraph 12 of the Stipulated Protective Order is NOT APPROVED and is

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STRICKEN.
2. The parties shall comply with LR 10-5(b) and the Ninth Circuit’s opinion in
Kamakana, 447 F.3d 1172 (9th Cir. 2006), when filing documents under seal.
Dated this 12th day of November, 2014.

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PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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