Eberwein v. Chase Mortgage et al

Filing 22

ORDER. IT IS ORDERED that counsel shall comply with the requirements of Local Rule IA 10-5, the Ninth Circuits decision in Kamakana, 447 F.3d 1172, and the procedures outlined above, with respect to any documents filed under seal. Signed by Magistrate Judge Nancy J. Koppe on 4/11/17. (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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ANGELA C. EBERWEIN,
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Plaintiff(s),
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vs.
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CHASE MORTGAGE, et al.,
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Defendant(s).
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Case No. 2:17-cv-00028-JCM-NJK
ORDER

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Pending before the Court is a Stipulated Protective Order (Docket No. 20), which the Court

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approved to facilitate discovery in this case. This order reminds counsel that there is a presumption of

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public access to judicial files and records. A party seeking to file a confidential document under seal

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must file a motion to seal and must comply with the Ninth Circuit’s directives in Kamakana v. City and

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County of Honolulu, 447 F.3d 1172 (9th Cir. 2006).

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The Court has adopted electronic filing procedures. Attorneys must file documents under seal

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using the Court’s electronic filing procedures. See Local Rule IA 10-5. Papers filed with the Court

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under seal must be accompanied with a concurrently-filed motion for leave to file those documents

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under seal. See Local Rule IA 10-5(a).

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The Court has approved the blanket protective order to facilitate discovery exchanges. But there

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has been no showing, and the Court has not found, that any specific documents are secret or

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confidential. The parties have not provided specific facts supported by declarations or concrete

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examples to establish that a protective order is required to protect any specific trade secret or other

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confidential information pursuant to Rule 26(c) or that disclosure would cause an identifiable and

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significant harm. The Ninth Circuit has held that there is a presumption of public access to judicial files

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and records, and that parties seeking to maintain the confidentiality of documents attached to

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nondispositive motions must show good cause exists to overcome the presumption of public access. See

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Kamakana 447 F.3d at 1179. Parties seeking to maintain the secrecy of documents attached to

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dispositive motions must show compelling reasons sufficient to overcome the presumption of public

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access. Id. at 1180. All motions to seal must address the applicable standard and explain why that

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standard has been met. The fact that a court has entered a blanket stipulated protective order and that

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a party has designated a document as confidential pursuant to that protective order does not, standing

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alone, establish sufficient grounds to seal a filed document. See Foltz v. State Farm Mut. Auto. Ins. Co.,

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331 F.3d 1122, 1133 (9th Cir. 2003); see also Beckman Indus., Inc. v. Int’l Ins. Co., 966 F.2d 470, 476

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(9th Cir. 1992).

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If the sole ground for a motion to seal is that the opposing party (or non-party) has designated

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a document as subject to protection pursuant to the stipulated protective order, the movant must notify

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the opposing party (or non-party) at least seven days prior to filing the designated document. The

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designating party must then make a good faith determination if the relevant standard for sealing is met.

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To the extent the designating party does not believe the relevant standard for sealing can be met, it shall

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indicate that the document may be filed publicly no later than four days after receiving notice of the

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intended filing. To the extent the designating party believes the relevant standard for sealing can be met,

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it shall provide a declaration supporting that assertion no later than four days after receiving notice of

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the intended filing. The filing party shall then attach that declaration to its motion to seal the designated

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material. If the designating party fails to provide such a declaration in support of the motion to seal, the

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filing party shall file a motion to seal so indicating and the Court may order the document filed in the

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public record.1

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In the event of an emergency motion, the above procedures shall not apply. Instead, the movant
shall file a motion to seal and the designating party shall file a declaration in support of that motion to seal
within three days of its filing. If the designating party fails to timely file such a declaration, the Court may
order the document filed in the public record.
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IT IS ORDERED that counsel shall comply with the requirements of Local Rule IA 10-5, the

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Ninth Circuit’s decision in Kamakana, 447 F.3d 1172, and the procedures outlined above, with respect

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to any documents filed under seal. To the extent any aspect of the stipulated protective order may

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conflict with this order or Local Rule IA 10-5, that aspect of the stipulated protective order is hereby

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superseded with this order.

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DATED: April 11, 2017

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______________________________________
NANCY J. KOPPE
United States Magistrate Judge

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