Thomas v. Smith-Palluck Associates Corp.

Filing 22

ORDER that defendant's motion to seal ECF No. 21 is GRANTED for the reasons stated in the motion; defendant must file a redacted version of ECF No. 19 -1 for the public record by 03/01/2018. Signed by Magistrate Judge Carl W. Hoffman on 2/22/2018. (Copies have been distributed pursuant to the NEF - KW)

Case 2:17-cv-02001-MMD-CWH Document 21 Filed 02/22/18 Page 1 of 3

UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEVADA
----------------------------------------X
ANDREA THOMAS,

CIVIL ACTION NO.
2:17-cv-02001-MMD-CWH
Plaintiff,

-againstSMITH-PALLUCK ASSOCIATES
CORP. d/b/a LAS VEGAS ATHLETIC CLUBS,

Defendants.
----------------------------------------X
DEFENDANT’S MOTION TO SEAL A DOCUMENT
On February 21, 2017, Defendant filed a declaration in support of its Response to
Plaintiff’s Motion to Amend (Dkt. No. 19). Exhibit A, annexed to the declaration (and listed as
Attachment #1 to Dkt. No. 19), was inadvertently filed in an unredacted form through the
Court’s electronic filing system, leaving unredacted four (4) items of personal data-identifiers
otherwise subject to redaction in accordance with Fed. R. Civ. P. 5.2(a)(2) and Local Rule IC 61(a)(3) and (5): two instances of the month and day of a date of birth, and two instances of a
street address and zip code concerning a home address. Upon being advised of same by
Plaintiff’s counsel, the undersigned contacted the ECF help desk at the first opportunity to
request that it be removed from the docket. The ECF help desk advised the undersigned that
they would instead designate Attachment #1 as private, for the Court’s eyes only, and instructed
counsel to file the instant application to have the document sealed, which is hereby expeditiously
filed to address the inadvertent filing.
For these reasons, Defendant respectfully requests that the Court issue an Order to permit
the sealing of Attachment #1 to Dkt. 19.

{00129759;1}

Case 2:17-cv-02001-MMD-CWH Document 21 Filed 02/22/18 Page 2 of 3

Dated: February 22, 2018

KLEIN MOYNIHAN TURCO LLP
/s/ Neil E. Asnen
NEIL E. ASNEN (admitted pro hac vice)
450 Seventh Avenue – 40th Floor
New York, NY 10123
[phone]
And

LEAVITT LAW FIRM
Dennis M. Leavitt, Esq.
229 Las Vegas Boulevard South
Las Vegas, NV 89101
[phone]
Attorneys for Defendant

IT IS ORDERED that defendant's motion to seal (ECF No. 21) is GRANTED for the
reasons stated in the motion. IT IS FURTHER ORDERED that by 3/1/2018, defendant
must file a redacted version of ECF No. 19-1 for the public record.

DATED: February 22, 2018

________________________________
UNITED STATES MAGISRATE JUDGE

{00129759;1}

Case 2:17-cv-02001-MMD-CWH Document 21 Filed 02/22/18 Page 3 of 3

CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I filed the foregoing electronically on February 22,
2018, with the Clerk of the United States District Court in the CM/ECF system, which
will serve a notice of the filing upon all registered participants in that system.

/s/ Neil E. Asnen
Attorney

{00129759;1}