Florence v. Cenlar Federal Savings and Loan et al

Filing 181

ORDER Granting 180 Motion to Seal Specified Exhibits. Signed by Magistrate Judge Nancy J. Koppe on 5/25/17. (Copies have been distributed pursuant to the NEF - ADR)

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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. 180) 16 Pending before the Court is the joint motion to seal certain of Defendant Experian’s business 17 materials submitted in relation to the pending motions for summary judgment. Docket No. 180.1 The 18 Ninth Circuit has held that there is a strong presumption of public access to judicial records. See 19 Kamakana v. City & County of Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006). Parties “who seek to 20 maintain the secrecy of documents attached to dispositive motions must meet the high threshold of 21 showing that ‘compelling reasons’ support secrecy.” Id. at 1180. Those compelling reasons must 22 outweigh the competing interests of the public in having access to the judicial records and understanding 23 the judicial process. Id. at 1178-79. In this case, the parties seek to seal business documents that 24 Experian has invested significant money into creating, that it has kept secret, and the unsealing of which 25 would give its competitors an unfair business advantage. See, e.g., Docket No. 180 at 15-18 (Methvin 26 27 28 1 The Court has elsewhere addressed at length the pertinent standards and considerations for such a motion. Docket Nos. 111, 160. For the sake of brevity, such discussion will not be repeated. 1 Decl.). The Court concludes that the motion establishes compelling reasons for the sealing of this 2 information that outweigh the public’s interests in accessing it. See, e.g., Kamakana, 447 F.3d at 1179 3 (identifying trade secrets as one type of information for which sealing is appropriate under the 4 compelling reasons standard). The Court further finds that redaction is not feasible. 5 Accordingly, the motion to seal is hereby GRANTED. 6 IT IS SO ORDERED. 7 DATED: May 25, 2017 8 9 ______________________________________ NANCY J. KOPPE United States Magistrate Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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