Hunt/Penta et al v. Aon Risk Services South, Inc.

Filing 47

ORDER. IT IS ORDERED that counsel shall comply with the requirements of Local Rule IA 10-5, the Ninth Circuit's decision in Kamakana, 447 F.3d 1172, and the procedures outlined above, with respect to any documents filed under seal. To the extent any aspect of the stipulated protective order may conflict with this order or Local Rule IA 10-5, that aspect of the stipulated protective order is hereby superseded with this order. Signed by Magistrate Judge Nancy J. Koppe on 12/19/16. (Copies have been distributed pursuant to the NEF - ADR)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

DISTRICT OF NEVADA

8
9
HUNT/PENTA,

14

)
)
)
)
)
)
)
)
)
)

15

Pending before the Court is a Stipulated Protective Order (Docket No. 45), which the Court

16

approved to facilitate discovery in this case. This order reminds counsel that there is a presumption

17

of public access to judicial files and records. A party seeking to file a confidential document under

18

seal must file a motion to seal and must comply with the Ninth Circuit’s directives in Kamakana v.

19

City and County of Honolulu, 447 F.3d 1172 (9th Cir. 2006).

10
Plaintiff(s),
11
vs.
12
AON RISK SERVICES SOUTH, INC.,
13
Defendant(s).

Case No. 2:16-cv-01563-JAD-NJK
ORDER

20

The Court has adopted electronic filing procedures. Attorneys must file documents under

21

seal using the Court’s electronic filing procedures. See Local Rule IA 10-5. Papers filed with the

22

Court under seal must be accompanied with a concurrently-filed motion for leave to file those

23

documents under seal. See Local Rule IA 10-5(a).

24

The Court has approved the blanket protective order to facilitate discovery exchanges. But

25

there has been no showing, and the Court has not found, that any specific documents are secret

26

or confidential. The parties have not provided specific facts supported by declarations or concrete

27

examples to establish that a protective order is required to protect any specific trade secret or other

28

confidential information pursuant to Rule 26(c) or that disclosure would cause an identifiable and

1

significant harm. The Ninth Circuit has held that there is a presumption of public access to judicial

2

files and records, and that parties seeking to maintain the confidentiality of documents attached to

3

nondispositive motions must show good cause exists to overcome the presumption of public access.

4

See Kamakana 447 F.3d at 1179. Parties seeking to maintain the secrecy of documents attached to

5

dispositive motions must show compelling reasons sufficient to overcome the presumption of public

6

access. Id. at 1180. All motions to seal must address the applicable standard and explain why

7

that standard has been met. The fact that a court has entered a blanket stipulated protective order

8

and that a party has designated a document as confidential pursuant to that protective order does not,

9

standing alone, establish sufficient grounds to seal a filed document. See Foltz v. State Farm Mut.

10

Auto. Ins. Co., 331 F.3d 1122, 1133 (9th Cir. 2003); see also Beckman Indus., Inc. v. Int’l Ins. Co.,

11

966 F.2d 470, 476 (9th Cir. 1992).

12

If the sole ground for a motion to seal is that the opposing party (or non-party) has designated

13

a document as subject to protection pursuant to the stipulated protective order, the movant must

14

notify the opposing party (or non-party) at least seven days prior to filing the designated document.

15

The designating party must then make a good faith determination if the relevant standard for sealing

16

is met. To the extent the designating party does not believe the relevant standard for sealing can be

17

met, it shall indicate that the document may be filed publicly no later than four days after receiving

18

notice of the intended filing. To the extent the designating party believes the relevant standard for

19

sealing can be met, it shall provide a declaration supporting that assertion no later than four days

20

after receiving notice of the intended filing. The filing party shall then attach that declaration to its

21

motion to seal the designated material. If the designating party fails to provide such a declaration

22

in support of the motion to seal, the filing party shall file a motion to seal so indicating and the Court

23

may order the document filed in the public record.1

24
25

1

27

In the event of an emergency motion, the above procedures shall not apply. Instead, the
movant shall file a motion to seal and the designating party shall file a declaration in support of that
motion to seal within three days of its filing. If the designating party fails to timely file such a
declaration, the Court may order the document filed in the public record.

28

2

26

1

IT IS ORDERED that counsel shall comply with the requirements of Local Rule IA 10-5,

2

the Ninth Circuit’s decision in Kamakana, 447 F.3d 1172, and the procedures outlined above, with

3

respect to any documents filed under seal. To the extent any aspect of the stipulated protective order

4

may conflict with this order or Local Rule IA 10-5, that aspect of the stipulated protective order is

5

hereby superseded with this order.

6

IT IS SO ORDERED.

7

DATED: December 19, 2016

8
9
10
11

______________________________________
NANCY J. KOPPE
United States Magistrate Judge

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

3