Campbell v. Las Vegas Bistro, LLC dba Larry Flynt's Hustler Club
Filing
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ORDER granting in part and denying in part 39 Motion to Seal. (See Order for Details) Signed by Magistrate Judge Nancy J. Koppe on 3/6/2017. (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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BRANDI CAMPBELL,
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Plaintiff,
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vs.
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LAS VEGAS BISTRO LLC,
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Defendant.
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__________________________________________)
Case No. 2:16-cv-01842-JCM-NJK
ORDER
(Docket No. 39)
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Pending before the Court is Defendant’s motion to seal the parties’ settlement agreement.
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Docket No. 39. Plaintiff filed a non-opposition. Docket No. 40. For the reasons discussed below,
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Defendant’s motion to seal, Docket No. 39, is GRANTED in part and DENIED in part.
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I.
BACKGROUND
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Plaintiff initially filed this action in state court, alleging, inter alia, a claim under the Fair
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Labor Standards Act (“FLSA”). Docket No. 1-1. Defendant removed the action to this Court on
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August 4, 2016. Docket No. 1. The parties ultimately settled the case and have moved the Court
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to approve their settlement agreement. Docket No. 38. Defendant also asks the Court to allow it to
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file the settlement agreement under seal. Docket No. 39.
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II.
DISCUSSION
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“There is a strong presumption in favor of keeping settlement agreements in FLSA wage
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settlement cases unsealed and available for public view.” Collins v. Walgreens Co., 2015 U.S. Dist.
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LEXIS 96929, at *2 (D. Nev. July 23, 2015) (internal quotations omitted) (collecting cases). This
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presumption furthers “Congress’ intent both to advance employees’ awareness of their FLSA rights
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and to ensure pervasive implementation of the FLSA in the workplace.” Dees v. Hydradry, Inc., 706
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F. Supp. 2d 1227, 1245 (M.D. Fla. 2010). Additionally, “it is consistent with the general
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presumption of a right to public access to court documents.” Collins, 2015 U.S. Dist. LEXIS 96929,
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at *2 (citing Jessup v. Luther, 277 F.3d 926, 929 (7th Cir. 2002)). In order to overcome the
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presumption, a movant must demonstrate “compelling reasons” to seal an FLSA settlement. Id.
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(collecting cases). Courts thus frequently deny requests to seal settlement agreements in FLSA
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actions. Id. (collecting cases).
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The proposed settlement at issue includes both FLSA and non-FLSA claims. See, e.g.,
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Docket No. 1-1 at 4-20; Docket No. 39 at 2. Defendant submits that compelling reasons exist to
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overcome the presumption against sealing. Docket No. 39 at 2-3. Specifically, Defendant submits
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that any public resolution of Plaintiff’s claims will harm its reputation because the public will view
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the settlement as an admission of liability as to the non-FLSA claims. Id. at 2. Additionally,
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Defendant asserts that a recent, publically-filed nationwide settlement in a similar case will render
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public resolution of Plaintiff’s FLSA claim in this action “redundant.” Id. Defendant also contends
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that if the parties do not obtain approval of their agreement, the result will be private arbitration. Id.
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at 3.
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The Court finds that Defendant has failed to show compelling reasons to seal the portion of
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the settlement agreement relating to Plaintiff’s FLSA claim. Accordingly, Defendant’s motion to
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seal, Docket No. 39, is GRANTED in part and DENIED in part. The Court GRANTS Defendant’s
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motion to seal as it pertains to the portions of the settlement agreement that relate to Plaintiff’s non-
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FLSA claims. The Court DENIES Defendant’s motion to seal without prejudice as it pertains to the
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portion of the settlement agreement that relates to Plaintiff’s FLSA claim. No later than March 13,
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2017, Defendant may file a renewed motion to seal demonstrating compelling reasons to seal as to
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the FLSA claim. If Defendant chooses not to file a renewed motion to seal, the Court ORDERS
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Defendant to file the settlement agreement on the docket, with information relating to Plaintiff’s non-
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FLSA claims redacted, no later than March 13, 2017.
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IT IS SO ORDERED.
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DATED: March 6, 2017
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______________________________________
NANCY J. KOPPE
United States Magistrate Judge
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