Ashcraft v. Welk Resort Group, Corp. et al

Filing 60

ORDER Denying 33 Motion to Seal and the Clerk'sOffice is INSTRUCTED to unseal the entire transcript at Docket No. 32 . Signed by Magistrate Judge Nancy J. Koppe on 9/26/17. (Copies have been distributed pursuant to the NEF - ADR)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

DISTRICT OF NEVADA

9
JOHN E. ASHCRAFT,
10
11
12
13
14

)
)
Plaintiff(s),
)
)
v.
)
)
WELK RESORT GROUP, CORP, et al.,
)
)
Defendant(s).
)
__________________________________________)

Case No. 2:16-cv-02978-JAD-NJK
ORDER
(Docket No. 33)

15

Pending before the Court is a sealing motion related to briefing on the motion to strike Experian’s

16

errata to its Rule 30(b)(6) deposition testimony. Docket No. 33. Experian seeks to redact portions of that

17

deposition transcript. See Docket Nos. 39, 57. On September 13, 2017, the Court issued an order setting

18

a hearing and instructing counsel to be prepared “to address each proposed redaction separately and discuss

19

whether each proposed redaction meets the appropriate standard.” Docket No. 59 at 1. The Court held the

20

hearing on September 25, 2017, at which Experian failed to articulate a “particularized showing” of good

21

cause for any of the redactions sought. See, e.g., Kamakana v. City & County of Honolulu, 447 F.3d 1178,

22

1180 (9th Cir. 2006) (quoting Foltz v. State Farm Mutual Auto. Ins. Co., 331 F.3d 1122, 1138 (9th Cir.

23

2003)).1,2

24
25
26
27
28

1

Because Experian failed to satisfy even the “good cause” standard, the Court need not determine
whether the more rigorous “compelling reasons” standard applies to the instant motion to seal.
2

Seven of the redactions sought overlap with those denied in the order at Docket No. 58, and the
pending motion to seal as to those overlapping requests is therefore DENIED as moot in light of the public
availability of the testimony.

1
2

Accordingly, the motion to seal is DENIED for the reasons stated at the hearing, and the Clerk’s
Office is INSTRUCTED to unseal the entire transcript at Docket No. 32.

3

IT IS SO ORDERED.

4

Dated: September 26, 2017

5
6

________________________________________
NANCY J. KOPPE
UNITED STATES MAGISTRATE JUDGE

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2