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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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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

CUNG LE, et al.,

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Plaintiffs,

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ORDER

v.

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(Mots. to Seal – ECF Nos.
444, 447, 457, 465, 469)

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

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Defendant.

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This matter is before the court on the parties’ Motions to Seal (ECF Nos. 444, 447, 457,

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465, 469). These Motions are referred to the undersigned pursuant to 28 U.S.C. § 636(b)(1)(A)

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and LR IB 1-3 and 1-7 of the Local Rules of Practice.

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The Motions seek leave to file under seal certain documents and exhibits referenced in the

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filings related to Plaintiffs’ Emergency Motion to Compel (ECF No. 443). See Pls.’ Sealed Mot.

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Exhibits (ECF No. 445)2 (attaching Pls.’ Unredacted Mot. (ECF No. 445-1); Exhibit 1 (ECF

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No. 445-2), Exhibit 2 (ECF No. 445-3), Exhibit 4 (ECF No. 445-4), Exhibit 5 (ECF No. 445-5),

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Exhibit 7 (ECF No. 445-6), Exhibit 14 (ECF No. 445-7), Exhibit 15 (ECF No. 445-8), Exhibit 16

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(ECF No. 445-9), Exhibit 17 (ECF No. 445-10), Exhibit 18 (ECF No. 445-11), Exhibit 19 (ECF

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No. 445-12), Exhibit 20 (ECF No. 445-13)); Def.’s Sealed Response Exhibits (ECF No. 458)

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(attaching Exhibit 2 (ECF No. 458-1); Exhibit 16 (ECF No. 458-2)); Pls.’ Sealed Reply Exhibits

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(ECF No. 466) (attaching Exhibit 6 (ECF No. 466-1); Exhibit 7 (ECF No. 466-2); Exhibit 8 (ECF

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No. 466-3); Exhibit 9 (ECF No. 466-4)). Plaintiffs seek leave to file the documents under seal

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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.

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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.

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based on their obligation pursuant to the Amended Protective Order (ECF No. 2017) entered in

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this case governing confidentiality.

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confidentiality of the documents. Defendant Zuffa, LLC’s motions provide a particularized

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showing why the unredacted Motion to Compel along with its Exhibits 1, 2, 4, 5, 7, 14, 15, 16, 18,

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19, and 20; Response Exhibits 2 and 16; and Reply Exhibits 6, 7, 8, and 9 should remain under

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seal. Zuffa took no position on whether Exhibit 17 to Plaintiffs’ Motion to Compel may be

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properly filed under seal.

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scheduling a teleconference.

Plaintiffs’ motions express no opinion regarding the

Exhibit 17 is an email exchange between the parties regarding

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Having reviewed and considered the matter in accordance with the Ninth Circuit’s

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directives set forth in Kamakana v. City and County of Honolulu, 447 F.3d 1172 (9th Cir. 2006),

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and its progeny, the court finds that the parties have met their burden of establishing good cause

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for all but one of the documents to remain sealed. The parties have narrowly tailored their sealing

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requests to the extent possible by filing redacted versions of the underlying motion as well as

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Exhibits 2 and 5. See Pls.’ Redacted Mot. (ECF No. 443); Redacted Exhibit 2 (ECF No. 447-1);

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Redacted Exhibit 5 (ECF No. 447-2). However, no party offered a declaration in support of

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sealing the emails in Exhibit 17 (ECF No. 445-10), and a blanket protective order is not sufficient

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to permit the filing of documents under seal. Moreover, the emails do not appear to contain

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confidential information.

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Accordingly,

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IT IS ORDERED:

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1. The parties’ Motions to Seal (ECF Nos. 444, 447, 457, 465, 469) are GRANTED IN

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PART AND DENIED IN PART.
2. The following documents shall remain under seal:

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a. Plaintiffs’ Unredacted Motion to Compel (ECF No. 445-1); Exhibit 1 (ECF

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No. 445-2), Exhibit 2 (ECF No. 445-3), Exhibit 4 (ECF No. 445-4), Exhibit 5 (ECF

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No. 445-5), Exhibit 7 (ECF No. 445-6), Exhibit 14 (ECF No. 445-7), Exhibit 15

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(ECF No. 445-8), Exhibit 16 (ECF No. 445-9), Exhibit 18 (ECF No. 445-11),

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Exhibit 19 (ECF No. 445-12), and Exhibit 20 (ECF No. 445-13);
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b. Defendant’s Sealed Response Exhibits (ECF No. 458) (attaching Exhibit 2 (ECF
No. 458-1); Exhibit 16 (ECF No. 458-2)); and

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c. Plaintiffs’ Sealed Reply Exhibits (ECF No. 466) (attaching Exhibit 6 (ECF

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No. 466-1); Exhibit 7 (ECF No. 466-2); Exhibit 8 (ECF No. 466-3); Exhibit 9 (ECF

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No. 466-4)).

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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.

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PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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