Hernandez v. Bayview Loan Servicing, LLC

Filing 22

ORDER denying 20 Motion to Seal. Signed by Magistrate Judge Nancy J. Koppe on 9/1/2017. (Copies have been distributed pursuant to the NEF - JM)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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JORGE R. HERNANDEZ,
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Plaintiff,
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vs.
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BAYVIEW LOAN SERVICING, LLC,
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Defendant.
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Case No. 2:17-cv-00652-JCM-NJK
ORDER DENYING MOTION
TO SEAL
(Docket No. 20)

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Pending before the Court is Plaintiff’s motion to seal in relation to his motion for status hearing.

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Docket No. 20, 18. For the reasons discussed more fully below, the motion is hereby DENIED without

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prejudice.

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

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

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motions must make a “particularized showing” of “good cause.” See Kamakana v. City and County of

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Honolulu, 447 F.3d 1172, 1180 (9th Cir. 2006) (quoting Foltz v. State Farm Mut. Auto. Ins. Co., 331

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F.3d 1122, 1137 (9th Cir. 2003)); see also Pintos v. Pac. Creditors Assoc., 605 F.3d 665, 678 (9th Cir.

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2010). Parties “who seek to maintain the secrecy of documents attached to dispositive motions must

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meet the high threshold of showing that ‘compelling reasons’ support secrecy.” Kamakana, 447 F.3d

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at 1180. To the extent any confidential information can be easily redacted while leaving meaningful

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information available to the public, the Court must order that redacted versions be filed rather than

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sealing entire documents. Foltz, 331 F.3d at 1137.

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Plaintiff seeks to seal his motion for status hearing. Docket No. 18. Plaintiff’s motion for status

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hearing includes a letter between the parties stating the settlement amount. Id. at 2. Plaintiff includes

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no points and authorities in his motion, and fails to show why the settlement terms meet the standard

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for sealing and why if they do, the document cannot be redacted rather than sealed.

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Accordingly, the motion to seal is DENIED without prejudice.

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IT IS SO ORDERED.

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DATED: September 1, 2017

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______________________________________
NANCY J. KOPPE
United States Magistrate Judge

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