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

Filing 513

ORDER Granting 507 Motion to Seal. IT IS FURTHER ORDERED that Exhibit A to 506 Defendants Opposition to Plaintiffs Emergency Motion for a 45-Day Extension of Expert Discovery Deadlines shall remain sealed. Signed by Magistrate Judge Elayna J. Youchah on 10/6/2021. (Copies have been distributed pursuant to the NEF - JQC)

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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,
Defendants.

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Before the Court is Defendants’ Motion for Leave to Redact Their Opposition to Plaintiffs’
Emergency Motion for a 45-Day Extension of Expert Discovery Deadlines (ECF No. 507).

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

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overcoming the strong presumption in favor of access and public policies favoring

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disclosure. Kamakana v. City and Cnty. of Honolulu, 447 F.3d 1172, 1178-79 (9th Cir. 2006)

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(holding that those who seek to maintain the secrecy of documents attached to dispositive motions

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must meet the high threshold of showing that “compelling reasons” support secrecy). However,

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

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support the right of access to dispositive motions … do not apply with equal force ….” Kamakana,

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417 F.3d at 1179 (citation omitted).

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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 records.

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

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

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improper purposes, including use of records to gratify private spite, promote public scandal,
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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 Defendants’ Motion and the document sought to be sealed. The Court

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finds Exhibit A is properly sealed as it contains confidential and/or proprietary business information.

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Accordingly, IT IS HEREBY ORDERED that Defendants’ Motion for Leave to Redact Their

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Opposition to Plaintiffs’ Emergency Motion for a 45-Day Extension of Expert Discovery Deadlines

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(ECF No. 507) is GRANTED.

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IT IS FURTHER ORDERED that Exhibit A to Defendants’ Opposition to Plaintiffs’

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Emergency Motion for a 45-Day Extension of Expert Discovery Deadlines (ECF No. 506) shall

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remain sealed. Pages in Defendants’ Opposition that are redacted based on reference to or the

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contents of Exhibit A shall remain redacted.

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DATED this 6th day of October, 2021.

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ELAYNA J. YOUCHAH
UNITED STATES MAGISTRATE JUDGE

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