Le et al v. Zuffa, LLC

Filing 474

ORDER. IT IS ORDERED that 444 , 447 , 457 , 465 , 469 the parties' Motions to Seal are GRANTED IN PART AND DENIED IN PART. The Clerk of the Court shall UNSEAL 445 -10 Exhibit 17 to Plaintiffs' Motion to Compel. See Order for details. Signed by Magistrate Judge Peggy A. Leen on 8/9/17. (Copies have been distributed pursuant to the NEF - MR)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 *** 7 Lead Case No. 2:15-cv-01045-RFB-PAL1 CUNG LE, et al., 8 Plaintiffs, 9 ORDER v. 10 (Mots. to Seal – ECF Nos. 444, 447, 457, 465, 469) ZUFFA, LLC, d/b/a UFC Ultimate Fighting Championship, 11 Defendant. 12 13 This matter is before the court on the parties’ Motions to Seal (ECF Nos. 444, 447, 457, 14 465, 469). These Motions are referred to the undersigned pursuant to 28 U.S.C. § 636(b)(1)(A) 15 and LR IB 1-3 and 1-7 of the Local Rules of Practice. 16 The Motions seek leave to file under seal certain documents and exhibits referenced in the 17 filings related to Plaintiffs’ Emergency Motion to Compel (ECF No. 443). See Pls.’ Sealed Mot. 18 Exhibits (ECF No. 445)2 (attaching Pls.’ Unredacted Mot. (ECF No. 445-1); Exhibit 1 (ECF 19 No. 445-2), Exhibit 2 (ECF No. 445-3), Exhibit 4 (ECF No. 445-4), Exhibit 5 (ECF No. 445-5), 20 Exhibit 7 (ECF No. 445-6), Exhibit 14 (ECF No. 445-7), Exhibit 15 (ECF No. 445-8), Exhibit 16 21 (ECF No. 445-9), Exhibit 17 (ECF No. 445-10), Exhibit 18 (ECF No. 445-11), Exhibit 19 (ECF 22 No. 445-12), Exhibit 20 (ECF No. 445-13)); Def.’s Sealed Response Exhibits (ECF No. 458) 23 (attaching Exhibit 2 (ECF No. 458-1); Exhibit 16 (ECF No. 458-2)); Pls.’ Sealed Reply Exhibits 24 (ECF No. 466) (attaching Exhibit 6 (ECF No. 466-1); Exhibit 7 (ECF No. 466-2); Exhibit 8 (ECF 25 No. 466-3); Exhibit 9 (ECF No. 466-4)). Plaintiffs seek leave to file the documents under seal 26 27 28 1 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. 2 The court notes that Exhibit 14 (ECF No. 445-7), Exhibit 15 (ECF No. 445-8), and Exhibit 16 (ECF No. 445-9) contain redactions despite being filed under seal. 1 1 based on their obligation pursuant to the Amended Protective Order (ECF No. 2017) entered in 2 this case governing confidentiality. 3 confidentiality of the documents. Defendant Zuffa, LLC’s motions provide a particularized 4 showing why the unredacted Motion to Compel along with its Exhibits 1, 2, 4, 5, 7, 14, 15, 16, 18, 5 19, and 20; Response Exhibits 2 and 16; and Reply Exhibits 6, 7, 8, and 9 should remain under 6 seal. Zuffa took no position on whether Exhibit 17 to Plaintiffs’ Motion to Compel may be 7 properly filed under seal. 8 scheduling a teleconference. Plaintiffs’ motions express no opinion regarding the Exhibit 17 is an email exchange between the parties regarding 9 Having reviewed and considered the matter in accordance with the Ninth Circuit’s 10 directives set forth in Kamakana v. City and County of Honolulu, 447 F.3d 1172 (9th Cir. 2006), 11 and its progeny, the court finds that the parties have met their burden of establishing good cause 12 for all but one of the documents to remain sealed. The parties have narrowly tailored their sealing 13 requests to the extent possible by filing redacted versions of the underlying motion as well as 14 Exhibits 2 and 5. See Pls.’ Redacted Mot. (ECF No. 443); Redacted Exhibit 2 (ECF No. 447-1); 15 Redacted Exhibit 5 (ECF No. 447-2). However, no party offered a declaration in support of 16 sealing the emails in Exhibit 17 (ECF No. 445-10), and a blanket protective order is not sufficient 17 to permit the filing of documents under seal. Moreover, the emails do not appear to contain 18 confidential information. 19 Accordingly, 20 IT IS ORDERED: 21 1. The parties’ Motions to Seal (ECF Nos. 444, 447, 457, 465, 469) are GRANTED IN 22 23 PART AND DENIED IN PART. 2. The following documents shall remain under seal: 24 a. Plaintiffs’ Unredacted Motion to Compel (ECF No. 445-1); Exhibit 1 (ECF 25 No. 445-2), Exhibit 2 (ECF No. 445-3), Exhibit 4 (ECF No. 445-4), Exhibit 5 (ECF 26 No. 445-5), Exhibit 7 (ECF No. 445-6), Exhibit 14 (ECF No. 445-7), Exhibit 15 27 (ECF No. 445-8), Exhibit 16 (ECF No. 445-9), Exhibit 18 (ECF No. 445-11), 28 Exhibit 19 (ECF No. 445-12), and Exhibit 20 (ECF No. 445-13); 2 1 2 b. Defendant’s Sealed Response Exhibits (ECF No. 458) (attaching Exhibit 2 (ECF No. 458-1); Exhibit 16 (ECF No. 458-2)); and 3 c. Plaintiffs’ Sealed Reply Exhibits (ECF No. 466) (attaching Exhibit 6 (ECF 4 No. 466-1); Exhibit 7 (ECF No. 466-2); Exhibit 8 (ECF No. 466-3); Exhibit 9 (ECF 5 No. 466-4)). 6 7 8 3. The Clerk of the Court shall UNSEAL Exhibit 17 (ECF No. 445-10) to Plaintiffs’ Motion to Compel. Dated this 9th day of August, 2017. 9 10 PEGGY A. LEEN UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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