Le v. Bank of America, National Association et al
Filing
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ORDER. IT IS HEREBY ORDERED that 25 Defendant's Motion to File Documents Under Seal is granted. Signed by Magistrate Judge George Foley, Jr on 9/11/17. (Copies have been distributed pursuant to the NEF - ADR)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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HIEP D. LE,
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Plaintiff,
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vs.
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EQUIFAX INFORMATION SERVICES, LLC.,
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Defendant.
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__________________________________________)
Case No. 2:16-cv-02393-RFB-GWF
ORDER
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This matter is before the Court on Defendant’s Motion to File Documents Under Seal (ECF
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No. 25), filed on August 23, 2017. To date, no party has filed an opposition to this motion and the
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time for opposition has now expired.
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The Ninth Circuit comprehensively examined the presumption of public access to judicial
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files and records in Kamakana v. City and County of Honolulu, 447 F.3d 1172 (9th Cir. 2006).
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There, the court recognized that different interests are at stake in preserving the secrecy of materials
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produced during discovery and materials attached to dispositive motions. The Kamakana court held
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that a “good cause” showing is sufficient to seal documents produced during discovery. Id. at
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1180. However, the Kamakana decision also held that a showing of “compelling reasons” is needed
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to support the secrecy of documents attached to dispositive motions. A showing of “good cause”
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does not, without more, satisfy the “compelling reasons” test required to maintain the secrecy of
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documents attached to dispositive motions. Id.
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Kamakana recognized that “compelling reasons” sufficient to outweigh the public’s interests
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in disclosure and justify sealing records exist when court records may be used to gratify private
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spite, permit public scandal, circulate libelous statements, or release trade secrets. Id. at 1179
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(internal quotations omitted). However, “[t]he mere fact that the production of records may lead to
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a litigant’s embarrassment, incrimination, or exposure to further litigation will not, without more,
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compel the court to seal its records.” Id., citing, Foltz v. State Farm Mutual Auto Insurance
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Company, 331 F.3d 1122, 1136 (9th Cir. 1995). To justify sealing documents attached to
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dispositive motions, a party is required to present articulable facts identifying the interests favoring
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continuing secrecy and show that these specific interests overcome the presumption of public access
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by outweighing the public’s interests in understanding the judicial process. Id. at 1181 (internal
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citations and quotations omitted).
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Defendant requests leave to file Exhibits 2 through 7 attached to its Motion for Summary
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Judgment (ECF No. 30) under seal. Defendant represents that the documents contained in exhibits
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2 through 6 are confidential policies and procedures manuals, which “contain proprietary
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information on how Defendant processes and maintains its credit reporting procedures and how it
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trains its employees.” Motion (ECF No. 25), pg. 4, lns. 20-21. This information, according to
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Defendant, should be maintained under seal because public disclosure could aid Defendant’s
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competitors in creating or enhancing upon Defendant’s polices and procedures, thereby destroying
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Defendant’s competitive advantage. In addition, Defendant argues that the polices and procedures
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manuals should be kept under seal because public disclosure could “open Equifax’s system to
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potential identity theft by creating a high risk that the criminals would be able to develop methods to
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successfully circumvent Equifax’s procedures.” Id. at pg. 5, lns. 14-16. Defendant also requests to
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file Exhibit 7, the ACIS Maintenance Document that contains Plaintiff’s personal identifying
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information, under seal. Id. at pg. 6.
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On balance, the Court finds that Defendant has provided compelling reasons to justify an
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order sealing Exhibits 2 through 7 to Defendant’s Motion for Summary Judgment. Therefore, the
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Court will allow Exhibit 2 through 7 to be filed under seal in their entirety. Accordingly,
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IT IS HEREBY ORDERED that Defendant’s Motion to File Documents Under Seal (ECF
No. 25) is granted.
DATED this 11th day of September, 2017.
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______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge
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