Eite Recovery LLC v. Get Fresh Sales Inc. et al

Filing 54

ORDER Granting 23 Motion to Seal. The Clerk of Court is directed to MAINTAIN THE SEAL of ECF Nos. [24-48]. Signed by Judge Jennifer A. Dorsey on 6/8/2023. (Copies have been distributed pursuant to the NEF - ALZ)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

3 Eite Recovery LLC,
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Case No.: 2:23-cv-00507-JAD

Appellant
v.

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Order Granting Motion to Seal
Get Fresh Sales Inc., et al.,

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[ECF No. 23]
Appellees

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Eite Recovery LLC, the appellant in this bankruptcy appeal, moves to seal three exhibits

9 attached to its opening brief.1 “The public has a ‘general right to inspect and copy public records
10 and documents including judicial records and documents.’”2 “Although the common law right of
11 access is not absolute, ‘[courts] start with a strong presumption in favor of access to court
12 records.’”3 “A party seeking to seal judicial records can overcome the strong presumption of
13 access by providing ‘sufficiently compelling reasons’ that override the public policies favoring
14 disclosure.”4 “When ruling on a motion to seal court records, the district court must balance the
15 competing interests of the public and the party seeking to seal judicial records.”5
“To seal the records, the district court must articulate a factual basis for each compelling

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17 reason to seal[,] [which] must continue to exist to keep judicial records sealed.”6 The Ninth
18 Circuit has, however, “‘carved out an exception to the presumption of access’ to judicial records”
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ECF No. 23.

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In re Midland Nat. Life Ins. Co. Annuity Sales Prac. Litig., 686 F.3d 1115, 1119 (9th Cir. 2012)
21 (quoting Nixon v. Warner Commcns., Inc., 435 U.S. 589, 597 (1978)).
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Id. (quoting Foltz v. St. Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1135 (9th Cir. 2003)).
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Id. (quoting Foltz, 331 F.3d at 1135).
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Id. (citing Kamakana v. City & Cnty. of Honolulu, 447 F.3d 1172, 1179 (9th Cir. 2006)).

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Id. (citing Kamakana, 447 F.3d at 1179; Foltz, 331 F.3d at 1136).

1 that is “‘expressly limited to’ judicial records ‘filed under seal when attached to a non-dispositive
2 motion.’”7 “Under the exception, ‘the usual presumption of the public’s right is rebutted[,]’” so
3 “a particularized showing of ‘good cause’ under [FRCP] 26(c) is sufficient to preserve the
4 secrecy of sealed discovery documents attached to non-dispositive motions.”8
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I find that the higher, compelling-reasons standard applies in this context because the

6 underlying brief is dispositive as it addresses the merits of this appeal. The exhibits contain
7 confidential business and financial information that, if released, could potentially damage the
8 parties. I thus conclude that there are compelling reasons to seal those exhibits in their entirety.
Accordingly, I GRANT Eite Recovery’s motion to seal [ECF No. 23]; the Clerk of

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10 Court is directed to MAINTAIN THE SEAL on ECF Nos. 24–48.
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___________ _____
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U.S. District Judge Jennifer A. Dorsey
June 7, 2023

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Id. (quoting Foltz, 331 F.3d at 1135).

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Id. (quoting Phillips ex rel. Estates of Byrd v. Gen. Motors Corp., 307 F.3d 1206, 1213 (9th
Cir. 2002); Foltz, 331 F.3d at 1135, 1138).
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