Treasure Island, LLC v. Affiliated FM Insurance Company

Filing 186

ORDER Denying without prejudice 182 Motion to Seal. See Order for details/deadlines. Signed by Magistrate Judge Elayna J. Youchah on 7/15/2021. (Copies have been distributed pursuant to the NEF - MR)

1

UNITED STATES DISTRICT COURT

2

DISTRICT OF NEVADA

3

***

4

TREASURE ISLAND, LLC,

5

Plaintiff,

6
7

Case No. 2:20-cv-00965-JCM-EJY
ORDER

v.
AFFILIATED FM INSURANCE COMPANY,

8

Defendant.

9
10

Pending before the Court is Defendant’s Motion to File Under Seal.

ECF No. 182.

11

Defendant seeks to file the entirety of its Memorandum of Points & Authorities Regarding Attorney-

12

Client Privilege and all exhibits thereto (ECF No. 181) under seal. Presumably because the entirety

13

of the Memorandum and exhibits are sought to be sealed no unsealed versions of the documents

14

were filed.

15

While the Court understand that the factual material and arguments based on those facts are

16

confidential, the Court is unclear why Defendant believes legal citations and pure legal arguments

17

should be redacted. Moreover, and by way of example only, the Court also does not find standard

18

terms in a retention letter or standard terms and conditions relating to the retention of a consultant

19

necessarily confidential. The Court notes that citations and legal discussions speaking to the issue

20

of attorney-client privilege are not, in and of themselves confidential. Moreover, motions pertaining

21

to attorney-client privilege are not unusual and are not typically redacted in their entirety.

22
23

Accordingly, IT IS HEREBY ORDERED that Defendant’s Motion to File Under Seal (ECF
No. 182) is DENIED without prejudice.

24

IT IS FURTHER ORDERED that ECF No. 181, Defendant’s Memorandum of Points &

25

Authorities Regarding Attorney-Client Privilege and all exhibits thereto shall remain temporarily

26

sealed.

27

IT IS FURTHER ORDERED that Defendant shall, no later than July 29, 2021, submit either

28

(1) a revised Motion to Seal explaining why the entirety of its Memorandum and exhibits should
1

1

remain sealed in their entirety or (2) a redacted version of the Memorandum and exhibits thereto,

2

together with a revised Motion to Seal, seeking only to seal the redacted portions of Defendant’s

3

filing.

4
5

DATED this 15th day of July, 2021.

6
7
8

ELAYNA J. YOUCHAH
UNITED STATES MAGISTRATE JUDGE

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2