Universal Entertainment Corporation v. Aruze Gaming America, Inc. et al

Filing 172

ORDER Denying 168 Motion to Seal. Any renewed motion to seal must address the proper standard and must be filed no later than 2/1/2023. Signed by Magistrate Judge Nancy J. Koppe on 1/18/2023. (Copies have been distributed pursuant to the NEF - TRW)

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Case 2:19-cv-01657-RFB-NJK Document 172 Filed 01/18/23 Page 1 of 2 1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 6 UNIVERSAL ENTERTAINMENT CORPORATION, Plaintiff, 7 8 v. 9 ARUZE GAMING AMERICA, INC., et al., 10 11 Case No. 2:19-cv-01657-RFB-NJK ORDER [Docket No. 168] Defendants. Pending before the Court is Plaintiff’s motion to seal portions of Defendants’ answer to 12 amended complaint. Docket No. 168. 13 The general presumption is that the public has the right to access judicial filings. See, e.g., 14 Nixon v. Warner Commc’ns Inc., 435 U.S. 589, 597 (1978). Certain types of documents are 15 exempt from this presumption and have traditionally been kept secret. Kamakana v. City & Cnty. 16 of Honolulu, 447 F.3d 1172, 1179 (9th Cir. 2006). Ninth Circuit “case law has identified two 17 categories of documents that fall in this category: grand jury transcripts and warrant materials in 18 the midst of a pre-indictment investigation.” Id. The presumption of public access can, however, 19 be overcome for documents not traditionally kept secret. San Jose Mercury News, Inc. v. U.S. Dist. 20 Ct., 187 F.3d 1096, 1102 (9th Cir. 1999). 21 In determining whether to seal documents, the applicable standard “turns on whether the 22 materials are submitted in conjunction with a dispositive or non-dispositive [filing].” Victory 23 Sports & Ent., Inc. v. Pedraza, 2019 WL 2578767, *1 (D. Nev. 2019). A filing is dispositive when 24 it is “is more than tangentially related to the merits of a case.” Ctr. for Auto Safety v. Chrysler 25 Grp., LLC, 809 F.3d 1092, 1101 (9th Cir. 2016). The sealing of dispositive filings and related 26 documents is evaluated under a “compelling reasons” standard. Kamakana, 447 F.3d at 1179. Id. 27 A party must support its motion to seal dispositive filings by “articulat[ing] compelling reasons 28 supported by specific factual findings.” Id. at 1178. Sealing nondispositive filings requires a 1 Case 2:19-cv-01657-RFB-NJK Document 172 Filed 01/18/23 Page 2 of 2

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