Burgess et al v. Clark County School District et al

Filing 77

ORDER. IT IS HEREBY ORDERED that 67 Plaintiff's Motion to File Exhibits 9-13 to Plaintiff's Motion for Summary Judgment Under Seal and 74 Defendants' Motion to Seal Exhibits in Support of Motion for Summary Judgment are GRANTED. Signed by Magistrate Judge Cam Ferenbach on 6/19/2018. (Copies have been distributed pursuant to the NEF - MR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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ANTHONY RUSSO,
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Plaintiff,
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vs.
CLARK COUNTY SCHOOL DISTRICT, a
political subdivision; EDWARD GOLDMAN, an
individual; JAMES KETSAA, an individual,

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2:17-cv-00805-GMN-VCF
ORDER

Defendants.

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Before the Court are Plaintiff’s Motion to File Exhibits 9-13 to Plaintiff’s Motion for Summary

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Judgment Under Seal (ECF No. 67) and Defendants’ Motion to Seal Exhibits in Support of Motion for

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Summary Judgment (ECF No. 74).

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Plaintiff seeks to seal Exhibits 9-15 to Plaintiff’s Motion for Summary Judgment Under Seal.
Defendants seek to seal Exhibit O to the Motion for Summary Judgment.

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The documents at issue in both motions are exhibits to dispositive motions (a motion for summary

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judgment) and as such the “compelling reasons” standard applies. Compelling reasons may exist “when

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such ‘court files might have become a vehicle for improper purposes,’ such as the use of records to gratify

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private spite, promote public scandal, circulate libelous statements, or release trade secrets.” Kamanakana

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v. City & Cnty. of Honolulu, 447 F.3d 1172, 1179 (9th Cir. 2006) (quoting Nixon v. Warner Commc’ns,

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Inc., 435 U.S. 589, 598 (1978)). Here, compelling reason exist to seal Exhibits 9-15 to Plaintiff’s Motion

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for Summary Judgment (ECF No. 68) and Defendants’ Exhibit O to their Motion for Summary Judgment

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(ECF No. 73).

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Under LR 7-2(d), the failure of an opposing party to file points and authorities in response to any

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motion, except a motion under Fed. R. Civ. P. 56 or a motion for attorney’s fees, constitutes a consent to

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the granting of the motion. No opposition has been filed to either motions and the time to file an opposition

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has passed.

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Accordingly, and for good cause shown,

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IT IS HEREBY ORDERED that Plaintiff’s Motion to File Exhibits 9-13 to Plaintiff’s Motion for

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Summary Judgment Under Seal (ECF No. 67) and Defendants’ Motion to Seal Exhibits in Support of

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Motion for Summary Judgment (ECF No. 74) are GRANTED.

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DATED this 19th day of June, 2018.
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CAM FERENBACH
UNITED STATES MAGISTRATE JUDGE