Florence v. Cenlar Federal Savings and Loan et al

Filing 114

ORDER to Strike Docs. 50,51,53-63,66-73,78-98,100-109. No later than 4/28/2017, parties are to file their summary judgment motions, briefing and exhibits and joint motions to seal. Signed by Magistrate Judge Nancy J. Koppe on 3/30/2017. (Copies have been distributed pursuant to the NEF - JM)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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REGINA FLORENCE,
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Plaintiff(s),
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vs.
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CENLAR FEDERAL SAVINGS & LOAN, et al.,
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Defendant(s).
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Case No. 2:16-cv-00587-GMN-NJK
ORDER

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Pending before the Court are five motions for summary judgment and twelve related motions

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to seal. Docket Nos. 50, 51 , 53, 54, 55, 56, 57, 58, 66, 78, 79, 80, 81, 100, 101, 106, 107. Through the

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motions to seal, the parties have sought to seal 40 separate filings, including the subparts thereto. See

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Docket Nos. 51, 53, 57, 58, 59, 60, 61, 62, 63, 66, 67, 68, 69, 70, 71, 72, 73, 82, 83, 84, 85, 86, 87, 88,

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89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 102, 103, 104, 105, 108, 109. On March 20, 2017, the Court

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issued an order outlining the governing standards established by the Ninth Circuit and requiring a

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supplement with respect to two of the motions to seal, while deferring ruling on the other ten motions

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to seal. Docket No. 111. On March 30, 2017, the Court held a telephonic hearing regarding logistical

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challenges in complying with the Court’s order. As stated on the record, rather than working through

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those issues based on the currently-filed documents, counsel for both parties and the Court agreed that

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the better course is to strike the currently-filed documents from the record (maintaining them under seal)

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and having counsel file amended versions of those documents that may omit unnecessary exhibit pages.

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Counsel and the Court also agreed that counsel should have an opportunity to confer prior to filing

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renewed motions to seal so that each side may evaluate whether sealing is appropriate, submit

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appropriate factual support with any renewed motion to seal, and otherwise streamline the process of

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renewing and adjudicating motions to seal.

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Based on the circumstances, the Court therefore ORDERS as follows:

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The Clerk’s Office is INSTRUCTED to STRIKE from the record Docket Nos. 50, 51,

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53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 66, 67, 68, 69, 70, 71, 72, 73, 78, 79, 80, 81,

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82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 100, 101, 102, 103, 104,

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105, 106, 107, 108 and 109.

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under seal.
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Having been stricken, the Clerk’s Office is INSTRUCTED to maintain these documents

The parties are ORDERED to engage in the meet-and-confer process as identified on
the record at the telephonic hearing.

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The parties are ORDERED to file, no later than April 28, 2017, their summary judgment

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motions, subsequent briefing, and exhibits thereto. Those filings may omit portions of

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exhibits that are unnecessary to the resolution of the summary judgment motions, and

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may also alter citations as necessary based thereon. No substantive changes may be

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made to the motions or briefs.

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The parties are ORDERED to file, no later than April 28, 2017, joint motions to seal

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related to the refiled motions, briefs, and exhibits. Such joint motions shall comport with

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the standards and guidance provided in Docket No. 111, including that they must identify

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with particularity by page and line the information for which a party or parties contend

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information exists that should be sealed under the “compelling reasons” standard.

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Moreover, any sealing requests shall be narrowly tailored, shall include reference to

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specific factual support, and shall include meaningfully developed argument as to why

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the “compelling reasons” standard has been met for each particular reference at issue.

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To the extent applicable, any sealing requests shall also make clear why the sealing of

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an entire document is appropriate rather than redaction.

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IT IS SO ORDERED.

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DATED: March 30, 2017

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NANCY J. KOPPE
United States Magistrate Judge
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