Miguel Angel Garcia v. Top Rank Inc et al

Filing 129

ORDER that 127 Motion to Seal is GRANTED. Defendant Top Rank, Inc. shall electronically FILE the Managerial Agreement UNDER SEAL in CM/ECF and link the new filing to the Response to Motion for Partial Summary Judgment (Dkt. # 126 ) and Exhibit L (Dkt. #126-1). Signed by Magistrate Judge Peggy A. Leen on 11/13/15. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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MIGUEL ANGEL GARCIA,

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Plaintiff,

(Mot. to Seal – Dkt. #127)

TOP RANK, INC.,
Defendant.

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This matter is before the Court on the Motion for Leave to File Under Seal (Dkt. #127)

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ORDER

v.

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Case No. 2:14-cv-01456-RFB-PAL

by Defendant Top Rank, Inc. (“Top Rank”).

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On July 23, 2015, Top Rank filed a Motion to Compel (Dkt. #78) requesting production

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of Plaintiff’s managerial agreement with non-party Al Haymon (“Managerial Agreement”) and

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communications related to that agreement. On August 18, 2015, the undersigned held a hearing

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during which the Court granted Top Rank’s motion in part and ordered the following:

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The Managerial Agreement will be produced and subject to a Protective Order,
which directs that the Managerial Agreement may not be used for any purposes
other than this litigation. The financial portions of the Agreement … shall be
designated Litigation Attorney’s Eyes Only.

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Mins. of Proceedings (Dkt. #100); see also Aug. 18, 2015 Hr’g Tr. (Dkt. #104). Because the

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Court ordered that the unredacted Managerial Agreement be designated “Litigation Attorney’s

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Eyes Only,” Top Rank’s Motion seeks leave file the same under seal as Exhibit L in Support of

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Top Rank’s Motion for Summary Judgment (Dkt. #91).

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The Court entered a strict protective order on the Managerial Agreement because the

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sensitive financial information contained therein could give Top Rank or other boxing promoters

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an unfair competitive advantage if the information was made public. See Aug. 18, 2015 Hr’g Tr.

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at 30–33. Having reviewed and considered the matter in accordance with the Ninth Circuit’s

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directives set forth in Kamakana v. City and County of Honolulu, 447 F.3d 1172 (9th Cir. 2006),

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the Court finds that compelling reasons exist for these documents to remain sealed.

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However, a review of the docket reflects that Top Rank did not actually file the

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Managerial Agreement under seal but, instead, filed a document suggesting it was submitted in

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camera.1 Special Order 109 requires the Clerk of the Court to maintain in electronic form the

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official files for all cases filed on or after November 7, 2005. The electronic record constitutes

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the official record of the court. Pursuant to LR 10-5 of the Local Rules of Practice, attorneys

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must file documents under seal using the court’s electronic filing procedures:

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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 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: “FILED 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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See LR 10-5(b). The Managerial Agreement must be electronically filed on the Court’s docket

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through CM/ECF to be made part of the official record and considered in conjunction with Top

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Rank’s Motion for Summary Judgment (Dkt. #91).

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Accordingly,

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IT IS ORDERED:

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1. Defendant Top Rank, Inc.’s Motion for Leave to File Under Seal (Dkt. #127) is
GRANTED.

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2. Defendant Top Rank, Inc. shall electronically FILE the Managerial Agreement

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UNDER SEAL in CM/ECF and link the new filing to the Response to Motion for

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Partial Summary Judgment (Dkt. #126) and Exhibit L (Dkt. #126-1). For additional

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direction, Top Rank may refer to the CM/ECF Version 4.0 Enhancements and

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On October 1, 2015, Top Rank filed a Notice re: In Camera Submission (Dkt. #128) stating that it would
deliver a copy of the Managerial Agreement to the “chambers of the appropriate judge.” Neither the
undersigned nor District Judge Richard F. Boulware’s chambers have received the in camera submission.

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Changes instruction guide, which is available on the Court’s website, or contact the

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CM/ECF Helpdesk at [phone].

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DATED this 13th day of November, 2015.

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PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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