Ohlinger v. Marsh USA, Inc.
Filing
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ORDER. IT IS THEREFORE ORDERED that 34 Defendant's motion to seal is DENIED. The Clerk shall UNSEAL 35 the parties' joint motion to approve settlement. Signed by Magistrate Judge Carl W. Hoffman on 8/2/17. (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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BONNIE OHLINGER,
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Plaintiff,
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v.
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MARSH USA, INC.,
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Defendant.
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_______________________________________ )
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Case No. 2:16-cv-02588-JAD-CWH
ORDER
Presently before the Court is Defendant Marsh USA, Inc.’s motion for leave to file under seal
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(ECF No. 34), filed on July 7, 2017. Plaintiff filed a notice of non-opposition (ECF No. 37) on July
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24, 2017. Defendant seeks leave to file the parties’ joint motion to approve settlement (ECF No.
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35).
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Motions to seal are generally disfavored, in deference to the public’s “general right to inspect
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and copy public records and documents, including judicial records and documents.” Kamakana v.
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City & Cty. of Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006) (quoting Nixon v. Warner Commc'ns,
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Inc., 435 U.S. 589 (1978)). Except for a narrow range of documents in criminal matters that have
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traditionally been kept secret, there is a “strong presumption in favor of access” for court records. Id.
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The party which seeks to seal a court record bears the burden of overcoming this presumption. Id.
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When determining whether a record should be sealed, the court must attempt to balance the
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competing interests of the public and the party seeking to seal the record. Id. at 1179. When
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attempting to balance these competing interests, the potential embarrassment, incrimination, or
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exposure to further litigation do not by themselves constitute compelling reasons. Id. A court may
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seal a record only upon a finding of “compelling reasons,” in the case of exhibits attached to
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dispositive motions, or “good cause” for discovery materials. Id. at 1178-1179.
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Here, Defendant moves to seal the parties’ joint motion to approve their settlement of
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Plaintiff’s Fair Labor Standards Act (“FLSA”) claim. While there is no controlling authority on this
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question, this Court joins the majority of Ninth Circuit Courts that consider motions to seal a motion
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to approve settlement and the accompanying settlement agreement under the compelling reasons
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standard. See e.g., Luo v. Zynga Inc., WL 5814763, at *2 (N.D. Cal. Oct. 29, 2013). Plaintiff argues
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in favor of sealing the records in order to protect Defendant’s privacy, and because publicizing the
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settlement agreement would encourage further litigation from potential Plaintiffs. As to Defendant’s
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concerns about encouraging further litigation, this rationale was explicitly rejected in Kamakana, so
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the Court will not consider it. The only other support Defendant offers is its privacy interest, which
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the Court acknowledges is substantial. However, a generalized assertion of privacy interest is not by
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itself a compelling reason to seal public records. The Court will therefore deny Defendant’s motion.
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IT IS THEREFORE ORDERED that Defendant’s motion to seal (ECF No. 34) is DENIED.
The Clerk shall UNSEAL the parties’ joint motion to approve settlement (ECF No. 35).
DATED: August 2, 2017.
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_________________________________
C.W. Hoffman, Jr.
United States Magistrate Judge
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