Las Vegas Sun, Inc. v. Adelson et al

Filing 354

ORDER. IT IS ORDERED that plaintiff's motion to continue discovery and case deadlines (ECF No. 304 ) is DENIED AS MOOT. IT IS FURTHER ORDERED per defendants' supplement (ECF No. 314 ) to plaintiff's motion to seal (ECF No. 240 ) that Exhibit 5, and the parties' references to Exhibit 5 in the underlying briefing, will remain SEALED. Signed by Magistrate Judge Cam Ferenbach on 2/16/2021. (Copies have been distributed pursuant to the NEF - HAM)

Case 2:19-cv-01667-GMN-VCF Document 354 Filed 02/16/21 Page 1 of 2

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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LAS VEGAS SUN, INC.,

2:19-cv-01667-GMN-VCF

Plaintiff,

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ORDER

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vs.

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SHELDON ADELSON, et al.,

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MOTION TO SEAL (ECF NO. 240); MOTION
TO CONTINUE DISCOVERY AND CASE
DEADLINES [ECF NO. 304]; SUPPLEMENT
[ECF NO. 314]

Defendants.

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Before the Court are plaintiff’s motion to continue discovery and case deadlines (ECF No. 304)

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and defendants’ supplement (ECF No. 314) to plaintiff’s motion to seal (ECF No. 240). The Court

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previously ruled on plaintiff’s motion to seal but requested additional briefing regarding Exhibit 5 (and

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references to it in the parties’ briefing) attached to plaintiff’s motion to reconsider previous discovery

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rulings based on new evidence (“Exhibit 5”). (ECF Nos. 241 and 242). On February 16, 2021, the Court

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held a hearing regarding multiple outstanding issues: relevant to the instant motion and supplement

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(ECF No. 304 and 314) the Court (1) vacated all discovery and case deadlines and (2) denied the

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defendant’s motion to redact the transcript regarding statements the parties made about Exhibit 5 in open

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court during the January 5, 2021 hearing. (See ECF No. 350). The Court denies plaintiff’s motion to

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continue discovery and case deadlines (ECF No. 304) as moot. The Court also finds that defendants

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have shown good cause in their supplement (ECF No. 314) to keep Exhibit 5, and the parties’ references

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to Exhibit 5 in their briefing (ECF No. 240), under seal.

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A “particularized showing,” under the “good cause” standard of Rule 26(c) will suffice to seal,

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“material attached to nondispositive motions.” Kamakana v. City & County of Honolulu, 447 F.3d 1172,

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1178 (9th Cir. 2006) (internal citations and quotations omitted). “[T]he process of deciding whether the
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Case 2:19-cv-01667-GMN-VCF Document 354 Filed 02/16/21 Page 2 of 2

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[reporter’s] privilege is overcome requires that ‘the claimed First Amendment privilege and the

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opposing need for disclosure be judicially weighed in light of the surrounding facts, and a balance struck

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to determine where lies the paramount interest.’” Shoen v. Shoen, 5 F.3d 1289, 1292-93 (9th Cir.

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1993)(“Shoen I”)(quoting Farr v. Pitchess, 522 F.2d 464, 468 (9th Cir. 1975)). The defendants marked

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Exhibit 5 as confidential because it alleges the communication is protected by the reporter’s privilege.

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Defendants have shown that Exhibit 5 is an email between a newspaper publisher and one of his sources

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discussing a draft story in the Review Journal. On balance and considering the surrounding facts, the

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defendants have made a particularized showing under the good cause standard to seal Exhibit 5 and the

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parties’ references to it in their briefing as a communication implicating the reporter’s privilege. For all

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the reasons stated at the February 12, 2021 hearing, the parties’ references to Exhibit 5 that the parties

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made in open court (without requesting a sealed courtroom) will remain public.

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Accordingly,

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IT IS ORDERED that plaintiff’s motion to continue discovery and case deadlines (ECF No. 304)

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is DENIED AS MOOT.
IT IS FURTHER ORDERED per defendants’ supplement (ECF No. 314) to plaintiff’s motion to

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seal (ECF No. 240) that Exhibit 5, and the parties’ references to Exhibit 5 in the underlying briefing,

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will remain SEALED.

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DATED this 16th day of February 2021.

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_________________________
CAM FERENBACH
UNITED STATES MAGISTRATE JUDGE

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