Nike, Inc. v. Fujian Bestwinn (China) Industry Co., Ltd.

Filing 36

ORDER that 35 Motion to Seal is GRANTED in part. The current documents (ECF Nos. 33 and 34 ) shall remain sealed. The plaintiff shall file redacted versions of those documents, redacting only the references to the hourly rates and the billed amounts for each specific work entry in the declarations and exhibits. Signed by Judge Andrew P. Gordon on 10/6/16. (Copies have been distributed pursuant to the NEF - MMM)

1

UNITED STATES DISTRICT COURT

2

DISTRICT OF NEVADA

3

***

4

NIKE, INC.,

5
6
7
8
9

Case No. 2:16-cv-00311-APG-VCF
Plaintiff,
ORDER GRANTING IN PART
MOTION TO SEAL

v.
FUJIAN BESTWINN (CHINA) INDUSTRY
CO. LTD a/k/a XIAMEN BESTWINN IMP.
& EXP. CO. LTD.,

(ECF NO. 35)

Defendant.

10
11

The plaintiff seeks to seal the declarations of Aaron Bowling and Jonathan Fountain and

12

the exhibits attached to them. ECF No. 35. The declarations do not appear to contain any

13

confidential information, other than the hourly rates charged. Typically, attorneys’ hourly rates

14

and the work they perform are not considered confidential, especially in a request for

15

reimbursement of such fees. Indeed, if the rates and work are not disclosed, the opposing party

16

has no ability to object to the reasonableness of the fees charged. However, given the unique

17

circumstances of this case, I will allow the plaintiffs to seal the references to the hourly rates that

18

are contained in the declarations and exhibits, and the billed dollar amounts for each specific

19

work entry. The descriptions of the work performed are generic and do not appear to disclose any

20

confidential information or privileged communications. Nor are the number of hours charged

21

confidential. Thus, that portion of the plaintiff’s motion is denied.

22

IT IS ORDERED that the motion to seal (ECF No. 35) is GRANTED IN PART. The

23

current documents (ECF Nos. 33 and 34) shall remain sealed. The plaintiff shall file redacted

24

versions of those documents, redacting only the references to the hourly rates and the billed

25

amounts for each specific work entry in the declarations and exhibits.

26
27
28

Dated: October 6, 2016.
ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE