Board of Trustees of the Southern Nevada Joint Management and Culinary and Bartenders Training Fund v. Fava et al

Filing 59

ORDER that #56 Motion for Leave to File plaintiff's Reply Under Seal is DENIED. FURTHER ORDERED that the clerk's office must unseal plaintiff's motion to dismiss (ECF No. #51 ), defendant's response (ECF No. #53 ), and plaintiff's reply (ECF No. #57 ). Signed by Magistrate Judge Carl W. Hoffman on 6/26/2018. (Copies have been distributed pursuant to the NEF - MMM)

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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 *** 4 5 6 7 BOARD OF TRUSTEES OF THE SOUTHERN NEVADA JOINT MANAGEMENT AND CULINARY AND BARTENDERS TRAINING FUND dba CULINARY ACADEMY OF LAS VEGAS, 10 ORDER Plaintiff, 8 9 Case No. 2:18-cv-00036-JCM-CWH v. CHRISTOPHER FAVA, et al., Defendants. 11 12 This matter is before the court on plaintiff’s motion for leave to file plaintiff’s reply in 13 support motion to dismiss defendant Jaime Monardes’ counterclaim under seal (ECF No. 56), 14 filed on June 14, 2018. Plaintiff argues that the reply contains excerpts from a confidential 15 separation agreement executed by both parties. The court finds that the confidential nature of an 16 agreement is not a compelling reason that outweighs the public’s right to access the document. 17 See Kamakana v. City & County of Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006). The court 18 will therefore deny plaintiff’s motion to for leave to file its reply under seal. 19 IT IS THEREFORE ORDERED that plaintiff’s motion for leave to file plaintiff’s reply in 20 support motion to dismiss defendant Jaime Monardes’ counterclaim under seal (ECF No. 56) is 21 DENIED. 22 23 IT IS FURTHER ORDERED that the clerk’s office must unseal plaintiff’s motion to dismiss (ECF No. 51), defendant’s response (ECF No. 53), and plaintiff’s reply (ECF No. 57). 24 25 DATED: June 26, 2018 26 27 28 C.W. HOFFMAN, JR. UNITED STATES MAGISTRATE JUDGE

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