Leach et al v. Ingram et al

Filing 62

ORDER. Accordingly, Attorney James Pengilly is ORDERED to show cause in writing, no later than April 5, 2024, why he has violated the Court's prior orders. It will suffice to automatically discharge this order to show cause if Attorney Pengil ly files by that date either (1) a declaration establishing sufficient justification for sealing each document at issue or (2) a notice of withdrawal of the designation(s) and consent to unsealing. See Docket No. 20 at 2. The Clerk's Office is INSTRUCTED to maintain the subject information under seal in the interim period. Show Cause Response due by 4/5/2024. Signed by Magistrate Judge Nancy J. Koppe on 3/26/2024. (Copies have been distributed pursuant to the NEF - RJDG)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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THEORDORE LEACH, et al.,

Order To Show Cause

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v.

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DENNETT INGRAM, et al.,

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Defendant(s).

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Case No. 2:22-cv-01809-JAD-NJK

Plaintiff(s),

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[Docket No. 55]

Pending before the Court is Defendants’ motion to seal filed in relation to their motion to

14 compel discovery. Docket No. 55. The motion seeks secrecy for certain medical information and
15 for a power of attorney that Plaintiffs designated as confidential. See id. at 2. As the Court has
16 already explained, the act of a party designating information as confidential does not suffice to
17 seal that information when filed with the Court. See, e.g., Docket Nos. 20, 60. Instead, the
18 designating party must respond to the other side’s motion to seal with a showing as to how the
19 governing standards are met for sealing. Docket No. 20 at 2; Docket No. 60 at 1-2. Despite two
20 orders to that effect and two chances to respond to the motion with such a showing, Plaintiffs’
21 counsel has done nothing.
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Accordingly, Attorney James Pengilly is ORDERED to show cause in writing, no later

23 than April 5, 2024, why he has violated the Court’s prior orders. It will suffice to automatically
24 discharge this order to show cause if Attorney Pengilly files by that date either (1) a declaration
25 establishing sufficient justification for sealing each document at issue or (2) a notice of withdrawal
26 of the designation(s) and consent to unsealing. See Docket No. 20 at 2.
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The Clerk’s Office is INSTRUCTED to maintain the subject information under seal in the

2 interim period.
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IT IS SO ORDERED.

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Dated: March 26, 2024
______________________________
Nancy J. Koppe
United States Magistrate Judge

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