Walker et al v. North Las Vegas Police Department et al

Filing 22

ORDER: Counsel shall comply with the requirements of Local Rule 10-5(b), the Ninth Circuits decision in Kamakana, 447 F.3d 1172, and the procedures outlined above, with respect to any documents filed under seal. Signed by Magistrate Judge Nancy J. Koppe on 7/24/2015. (Copies have been distributed pursuant to the NEF - DC)

1
2
3
4
5
6
7
UNITED STATES DISTRICT COURT
8
DISTRICT OF NEVADA
9
10
11
12
13
14
15

THOMAS WALKER, et al.,

)
)
Plaintiff(s),
)
)
vs.
)
)
NORTH LAS VEGAS POLICE DEPARTMENT, )
et al.,
)
)
Defendant(s).
)
)

Case No. 2:14-cv-01475-JAD-NJK
ORDER

16

Before the Court is the parties’ Protective Order (Docket No. 19), which the Court has approved

17

separately to facilitate discovery in this case. This order reminds counsel that there is a presumption of

18

public access to judicial files and records. A party seeking to file a confidential document under seal

19

must file a motion to seal and must comply with the Ninth Circuit’s directives in Kamakana v. City and

20

County of Honolulu, 447 F.3d 1172 (9th Cir. 2006).

21

The Court has adopted electronic filing procedures, and with a few exceptions not applicable

22

here, the Clerk of the Court no longer maintains paper records. Special Order 109 requires the Clerk

23

of the Court to maintain the official files for all cases filed on or after November 7, 2005, in electronic

24

form. The electronic record constitutes the official record of the Court. Attorneys must file documents

25

under seal using the Court’s electronic filing procedures. See Local Rule 10-5(b). That rule provides:

26
27
28

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,

1

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.

2
3
4

Id. Documents filed under seal are not accessible to the public.

5

The Court has approved the blanket protective order to facilitate discovery exchanges. But there

6

has been no showing, and the Court has not found, that any specific documents or items are secret or

7

confidential. The parties have not provided specific facts supported by declarations or concrete

8

examples to establish that a protective order is required to protect any specific trade secret or other

9

confidential information pursuant to Rule 26(c) or that disclosure would cause an identifiable and

10

significant harm. The Ninth Circuit has held that there is a presumption of public access to judicial files

11

and records and that parties seeking to maintain the confidentiality of documents attached to

12

nondispositive motions must show good cause exists to overcome the presumption of public access. See

13

Kamakana 447 F.3d at 1179. Parties seeking to maintain the secrecy of documents attached to

14

dispositive motions must show compelling reasons sufficient to overcome the presumption of public

15

access. Id. at 1180.1

16

If the sole ground for a motion to seal is that the opposing party (or non-party) has designated

17

a document as subject to protection pursuant to the stipulated protective order, the movant must notify

18

the opposing party (or non-party) at least seven days prior to filing the designated document. The

19

designating party must then make a good faith determination if the relevant standard for sealing is met.

20

To the extent the designating party does not believe the relevant standard for sealing can be met, it shall

21

indicate that the document may be filed publicly no later than four days after receiving notice of the

22

intended filing. To the extent the designating party believes the relevant standard for sealing can be met,

23

it shall provide a declaration supporting that assertion no later than four days after receiving notice of

24
25
26
27

1

Additional information regarding the requirements for filing under seal can be found at The Vaccine
Center LLC v. GlaxoSmithKline LLC, 2013 U.S. Dist. Lexis 68298 (D. Nev. May 14, 2013) (discussing,
inter alia, the standards for sealing, standard for redaction rather than sealing entire documents, and impact
of the stipulated protective order on a motion to seal).

28
2

1

the intended filing. The filing party shall then attach that declaration to its motion to seal the designated

2

material. If the designating party fails to provide such a declaration in support of the motion to seal, the

3

filing party shall file a motion to seal so indicating and the Court may order the document filed in the

4

public record.2

5

IT IS ORDERED that counsel shall comply with the requirements of Local Rule 10-5(b), the

6

Ninth Circuit’s decision in Kamakana, 447 F.3d 1172, and the procedures outlined above, with respect

7

to any documents filed under seal. To the extent any aspect of the stipulated protective order may

8

conflict with this order or Local Rule 10-5(b), that aspect of the stipulated protective order is hereby

9

superseded with this order.

10

DATED: July 24, 2015.

11
______________________________________
NANCY J. KOPPE
United States Magistrate Judge

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2

In the event of an emergency motion, the above procedures shall not apply. Instead, the movant
shall file a motion to seal and the designating party shall file a declaration in support of that motion to seal
within three days of its filing. If the designating party fails to timely file such a declaration, the Court may
order the document filed in the public record.
3