Le v. Bank of America, National Association et al

Filing 35

ORDER. IT IS HEREBY ORDERED that 27 Plaintiff's Motion to File Documents Under Seal is granted. Signed by Magistrate Judge George Foley, Jr on 9/12/17. (Copies have been distributed pursuant to the NEF - ADR)

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1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 6 7 8 9 10 HIEP D. LE, ) ) Plaintiff, ) ) vs. ) ) EQUIFAX INFORMATION SERVICES, LLC., ) ) Defendant. ) __________________________________________) Case No. 2:16-cv-02393-RFB-GWF ORDER 11 12 This matter is before the Court on Plaintiff’s Motion to File Documents Under Seal (ECF 13 No. 27), filed on August 24, 2017. To date, no party has filed an opposition to this motion and the 14 time for opposition has now expired. 15 The Ninth Circuit comprehensively examined the presumption of public access to judicial 16 files and records in Kamakana v. City and County of Honolulu, 447 F.3d 1172 (9th Cir. 2006). 17 There, the court recognized that different interests are at stake in preserving the secrecy of materials 18 produced during discovery and materials attached to dispositive motions. The Kamakana court held 19 that a “good cause” showing is sufficient to seal documents produced during discovery. Id. at 20 1180. However, the Kamakana decision also held that a showing of “compelling reasons” is needed 21 to support the secrecy of documents attached to dispositive motions. A showing of “good cause” 22 does not, without more, satisfy the “compelling reasons” test required to maintain the secrecy of 23 documents attached to dispositive motions. Id. 24 Kamakana recognized that “compelling reasons” sufficient to outweigh the public’s interests 25 in disclosure and justify sealing records exist when court records may be used to gratify private 26 spite, permit public scandal, circulate libelous statements, or release trade secrets. Id. at 1179 27 (internal quotations omitted). However, “[t]he mere fact that the production of records may lead to 28 a litigant’s embarrassment, incrimination, or exposure to further litigation will not, without more, 1 compel the court to seal its records.” Id., citing, Foltz v. State Farm Mutual Auto Insurance 2 Company, 331 F.3d 1122, 1136 (9th Cir. 1995). To justify sealing documents attached to 3 dispositive motions, a party is required to present articulable facts identifying the interests favoring 4 continuing secrecy and show that these specific interests overcome the presumption of public access 5 by outweighing the public’s interests in understanding the judicial process. Id. at 1181 (internal 6 citations and quotations omitted). 7 Plaintiff requests leave to file Exhibit 12 attached to his Motion for Summary Judgment 8 (ECF No. 26) under seal. Plaintiff represents that this exhibit contains confidential, proprietary 9 business records of Defendant, which were produced pursuant to the stipulated Protective Order 10 (ECF No. 21). Motion (ECF No. 27), pg. 2. This is not a sufficient compelling reason to justify an 11 order from the Court sealing Exhibit 12. However, the Court will seal this Exhibit based on the 12 compelling reason found in Defendant’s Motion to File Exhibits Under Seal (ECF No. 25). There, 13 Defendant requested, and the Court issued, an order to seal the exact same document because it 14 contains Plaintiff’s personal identifying information. See Order (ECF No. 34). Therefore, the 15 Court will allow Exhibit 12 to Plaintiff’s Motion for Summary Judgment to be filed under seal in its 16 entirety. Accordingly, 17 18 19 IT IS HEREBY ORDERED that Plaintiff’s Motion to File Documents Under Seal (ECF No. 27) is granted. DATED this 12th day of September, 2017. 20 21 22 ______________________________________ GEORGE FOLEY, JR. United States Magistrate Judge 23 24 25 26 27 28 2

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