BGC Partners, Inc. et al v. Avison Young (Canada), Inc. et al

Filing 428

ORDER. IT IS ORDERED that 417 Defendants' Motion for Leave to Redact Motion to Compel and File Under Seal Certain Exhibits is GRANTED. Signed by Magistrate Judge Elayna J. Youchah on 12/14/2020. (Copies have been distributed pursuant to the NEF - JQC)

Case 2:15-cv-00531-RFB-EJY Document 428 Filed 12/14/20 Page 1 of 2

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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NEWMARK GROUP, INC., G&E
ACQUISITION COMPANY, LLC, and BGC
REAL ESTATE OF NEVADA, LLC,

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Case No. 2:15-cv-00531-RFB-EJY

Plaintiffs,
ORDER

v.
AVISON YOUNG (CANADA) INC.;
AVISON YOUNG (USA) INC.; AVISON
YOUNG-NEVADA, LLC, MARK ROSE,
THE NEVADA COMMERCIAL GROUP,
JOHN PINJUV, and JOSEPH KUPIEC; DOES
1 through 5; and ROE BUSINESS ENTITIES
6 through 10,

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Defendants.

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Before the Court is Defendants’ Motion for Leave to Redact Motion to Compel and File
Under Seal Certain Exhibits. ECF No. 417. No response to this Motion was filed.

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As the party seeking to seal a judicial record, Plaintiffs must meet their burden of overcoming

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the strong presumption in favor of access and public policies favoring disclosure. Kamakana v. City

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and Cnty. of Honolulu, 447 F.3d 1172, 1178-79 (9th Cir. 2006) (holding that those who seek to

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maintain the secrecy of documents attached to dispositive motions must meet the high threshold of

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showing

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seeks to seal documents attached to a non-dispositive motion, the “public policies that support the

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right of access to dispositive motions … do not apply with equal force … .” Kamakana, 417 F.3d

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at 1179 (citation omitted).

that

“compelling

reasons”

support

secrecy).

However,

where

a

party

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The mere fact that the production of records may lead to a party’s embarrassment,

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incrimination, or exposure to further litigation will not alone compel the court to seal its

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records. Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1136 (9th Cir. 2003). Compelling

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reasons require a demonstration of something more, such as when court files have become a vehicle

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for improper purposes, including use of records to gratify private spite, promote public scandal,
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Case 2:15-cv-00531-RFB-EJY Document 428 Filed 12/14/20 Page 2 of 2

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disseminate libelous statements, or circulate trade secrets. Nixon v. Warner Commc’ns, 435 U.S.

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589, 598 (1978).

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The Court considered the Motion and the documents sought to be sealed. The Court finds
Exhibits 11, 12, 14, 15, 16, 17, 18, 19, and 22 are properly sealed.
Accordingly, IT IS HEREBY ORDERED that Defendants’ Motion for Leave to Redact
Motion to Compel and File Under Seal Certain Exhibits (ECF No. 417) is GRANTED.

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IT IS FURTHER ORDERED that Exhibits 11, 12, 14, 15, 16, 17, 18, 19, and 22 shall remain

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sealed. Pages in Defendants’ Motion to Compel (ECF No. 416) redacted based on reference to or

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content of these Exhibits shall remain redacted.

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DATED: December 14, 2020

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ELAYNA J. YOUCHAH
UNITED STATES MAGISTRATE JUDGE

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