Bridge v. Credit One Financial

Filing 180

ORDER that 169 Motion for Leave to File Under Seal is DENIED without prejudice. Defendant shall confer with Plaintiff, no later than April 8, 2016, regarding the confidentiality designation of Exhibit A to the Huntington Declaration. No later than April 15, 2016, Defendant must file its motion to seal with the appropriate declarations, which must address the proper standards. To the extent the parties do not believe that sealing is necessary, Defendant shall file the response and its exh ibits on the public docket, no later than April 15, 2016. The documents at Docket Nos. 174, 175, and 176 shall remain under seal pending further order of the Court. Signed by Magistrate Judge Nancy J. Koppe on 4/5/16. (Copies have been distributed pursuant to the NEF - MMM)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 WILLIAM BRIDGE, 15 ) ) ) ) ) ) ) ) ) ) 16 Pending before the Court is Defendant’s Motion for Leave to File Documents Under Seal. 17 Docket No. 169. Defendant seeks leave to file under seal various exhibits to declarations in support 18 of Defendant’s Response to Plaintiff’s Motion for Class Certification. Id. at 1; see also Docket Nos. 19 174, 175, 176. 11 Plaintiff(s), 12 vs. 13 CREDIT ONE FINANCIAL, 14 Defendant(s). Case No. 2:14-cv-01512-LDG-NJK ORDER (Docket No. 169) 20 A. Huntington Declaration Exhibit A 21 Defendant represents that it filed this exhibit under seal because Plaintiff has designated it 22 confidential under the Court’s blanket protective order at Docket No. 64. See Docket No. 169 at 3. 23 The blanket protective order does not constitute good cause for the sealing of documents. Docket 24 No. 65 at 1. Further, pursuant to the procedures outlined at Docket No. 65, Defendant is required 25 to notify Plaintiff at least seven days prior to filing this exhibit and, should Plaintiff believe good 26 cause exists to file the above-referenced document under seal, he is required to provide a declaration 27 in support of the motion to seal for Defendant to file. Id. at 2-3. 28 // 1 B. Vanderbeek Declaration Exhibits A-C 2 Defendant represents that these documents were “created specifically for this litigation and 3 contain information which is of no interest to the public except for potential use for improper 4 purposes . . .” Docket No. 194 at 4. Defendant has failed, however, to submit a declaration in 5 support of its motion to seal these documents that addresses the proper standards. See Docket No. 6 65 at 2. 7 C. Redactions to Response 8 Defendant has, additionally, failed to address appropriate standards regarding its proposed 9 redactions to its Response to Plaintiff’s Motion for Class Certification. See Docket No. 169. 10 D. Conclusion 11 While Defendant did not follow the procedures set forth by the Court, the Court gives 12 Defendant one last opportunity to comply with the Court’s order. The subject documents will 13 remain sealed for the timing being. Accordingly, it is hereby ORDERED that: 14 1. without prejudice. 15 16 2. 17 18 Defendant’s Motion for Leave to File Under Seal, Docket No. 169, is DENIED Defendant shall confer with Plaintiff, no later than April 8, 2016, regarding the confidentiality designation of Exhibit A to the Huntington Declaration. 3. No later than April 15, 2016, Defendant must file its motion to seal with the 19 appropriate declarations, which must address the proper standards. To the extent the 20 parties do not believe that sealing is necessary, Defendant shall file the response and 21 its exhibits on the public docket, no later than April 15, 2016. 22 23 24 4. The documents at Docket Nos. 174, 175, and 176 shall remain under seal pending further order of the Court. DATED: April 5, 2016 25 26 NANCY J. KOPPE United States Magistrate Judge 27 28 -2-

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