Florence v. Cenlar Federal Savings and Loan et al

Filing 123

ORDER denying 122 Motion to Strike. Clerk's Office is instructed to Seal 118 Motion. The Court also orders the parties to file a request to keep 118 sealed. That motion or stipulation to seal shall be filed by May 5, 2017. Signed by Magistrate Judge Nancy J. Koppe on 4/28/2017. (Copies have been distributed pursuant to the NEF - JM)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 10 REGINA FLORENCE, 11 Plaintiff(s), 12 vs. 13 CENLAR FEDERAL SAVINGS & LOAN, et al., 14 Defendant(s). 15 ) ) ) ) ) ) ) ) ) ) Case No. 2:16-cv-00587-GMN-NJK ORDER (Docket No. 122) 16 Pending before the Court is an emergency joint motion to strike a motion for summary judgment 17 containing Plaintiff’s health information. Docket No. 122; see also Docket No. 118 (publicly filed 18 document containing that information).1 Defendant has also refiled the motion for summary judgment 19 with redactions. See Docket No. 121. The Court finds striking the underlying motion for summary 20 judgment to be unnecessary. When a party files a redacted version of a document on the public record, 21 it should be accompanied by an unredacted sealed version and a motion to seal. Cf. Local Rule IA 10- 22 5(a). If an unredacted version were not filed under seal, the Court would be unaware of the information 23 being redacted, making it impossible to know if the redaction is appropriate under the applicable 24 standards and making it impossible to know how the redacted information impacts the underlying 25 26 1 27 28 The Court appreciates counsel’s telephone call to chambers regarding the filing of this emergency motion. In the future, counsel should direct similar telephone calls to the undersigned’s Courtroom Administrator in the Clerk’s Office. See Local Rule 7-4(d). 1 motion. Accordingly, the request to strike the motion for summary judgment as originally filed is 2 DENIED. Instead, the Court INSTRUCTS the Clerk’s Office to SEAL Docket No. 118. 3 Consistent with the Court’s prior instructions, the Court also orders the parties to file a request 4 to keep Docket No. 118 sealed. See, e.g., Docket Nos. 111, 114. That motion or stipulation to seal shall 5 be filed by May 5, 2017, and must meaningfully address the applicable standards. The failure to file a 6 stipulation or motion to seal by that date will result in the Court unsealing Docket No. 118. 7 IT IS SO ORDERED. 8 DATED: April 28, 2017 9 10 ______________________________________ NANCY J. KOPPE United States Magistrate Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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