Le et al v. Zuffa, LLC

Filing 292

ORDER.Clerk of Court shall UNSEAL Plaintiffs Motion to Lodge Materials UnderSeal #250 , but not the attached exhibits. Plaintiffs Motion to Lodge Materials Under Seal #250 and Defendant's Motion to Seal #257 are GRANTED. Signed by Magistrate Judge Peggy A. Leen on 9/14/2016. (Copies have been distributed pursuant to the NEF - DL)

1
2
3
4

UNITED STATES DISTRICT COURT

5

DISTRICT OF NEVADA

6

***

7
8

Plaintiffs,

9
10
11

Lead Case No. 2:15-cv-01045-RFB-PAL1

CUNG LE, et al.,

v.

ORDER

ZUFFA, LLC, d/b/a UFC Ultimate Fighting
Championship,

(Mots. Seal – ECF Nos. 250, 257)

Defendant.

12
13

This matter is before the court on the parties’ Motions to Seal (ECF Nos. 250, 257).

14

These Motions are referred to the undersigned pursuant to 28 U.S.C. § 636(b)(1)(A) and LR IB

15

1-3 of the Local Rules of Practice. The Motions ask the court to seal certain portions of their

16

briefing on the Motion to Challenge Privilege Designation (ECF Nos. 250-1, 251) and the related

17

exhibits.

18

This is an antitrust action and the court has entered a Stipulated Protective Order (ECF

19

No. 217) governing documentation and testimony that is confidential to the parties’ internal

20

business strategies and other sensitive information of a proprietary business nature. The subject

21

documents contain confidential information regarding Defendant Zuffa, LLC’s internal finances,

22

financial terms and incentives of contractual negotiations, and business strategies and analysis

23

and were filed under seal because Zuffa’s counsel designated the documents as “confidential”

24

pursuant to the parties’ Stipulated Protective Order. The parties have narrowly tailored their

25

sealing requests by filing redacted versions of the documents containing confidential

26

information.

See (ECF Nos. 251, 256).

Having reviewed and considered the matter in

27
1

28

Member Case Nos.: 2:15-cv-01046-RCJ-NJK; 2:15-cv-01055-APG-GWF; 2:15-cv-01056-RFB-GWF;
and 2:15-cv-01057-JCM-CWH.

1

1

accordance with the Ninth Circuit’s directives set forth in Kamakana v. City and County of

2

Honolulu, 447 F.3d 1172 (9th Cir. 2006), the court finds that the parties have met their burden of

3

establishing good cause for these documents to remain sealed.

4

The court notes, however, that Plaintiffs’ Motion to Lodge Materials Under Seal (ECF

5

No. 250) was erroneously filed under seal when the motion itself does not contain any

6

confidential information—only the attached exhibits present confidential information.

7

motion to seal itself contains confidential information, the moving party may file a redacted

8

motion to seal on the public docket and an unredacted motion under seal. However, this practice

9

is disfavored as litigants should attempt to meet their burden under Kamakana without specific

10

If a

references to confidential information. Thus, Plaintiffs’ Motion will be unsealed.

11

Additionally, sealed and unsealed materials must not be combined in one filing. For

12

example, a motion to seal containing no confidential information, which should be filed on the

13

public docket, must not be combined with an unredacted exhibit or motion for which sealing is

14

requested. See Order (ECF No. 252) at 3:3–13. Any confidential materials must be filed

15

separately in CM/ECF under seal as “Sealed Exhibit(s)” and linked to a motion to seal. Id. The

16

court’s review of any motion requesting leave to file under seal will be complicated by the

17

parties’ failure to properly submit their filings through CM/ECF. Counsel are responsible for

18

instructing their staff regarding the correct procedures for filing under seal. For additional

19

direction, counsel should review the May 12, 2016 Order (ECF No. 252) addressing sealed

20

filings or refer to the updated procedures in CM/ECF Version 4.0 Enhancements and Changes,

21

which is available on the court’s website. The parties are also encouraged to contact the

22

CM/ECF Helpdesk at [phone] prior to filing should they have any technical questions.
Accordingly,

23
24

///

25

///

26

///

27

///

28

///
2

1

IT IS ORDERED:

2

1. The Clerk of the Court shall UNSEAL Plaintiffs’ Motion to Lodge Materials Under

3
4
5
6

Seal (ECF No. 250), but not the attached exhibits.
2. Plaintiffs’ Motion to Lodge Materials Under Seal (ECF No. 250) and Defendant
Zuffa, LLC’s Motion to Seal (ECF No. 257) are GRANTED.
Dated this 14th day of September, 2016.

7
8
PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3