Evolution Malta Limited et al v. Light & Wonder, Inc. et al

Filing 12

ORDER - IT IS HEREBY ORDERED that if Plaintiffs seeks to file their Complaint with unredacted portions under seal, Plaintiffs must, no later than June 10, 2024, file a memorandum providing additional information demonstrating a compelling reason f or the sealing request. IT IS FURTHER ORDERED that Plaintiffs Complaint at ECF No. 1 will remain temporarily sealed pending further order of the Court. Signed by Magistrate Judge Elayna J. Youchah on 6/4/2024. (Copies have been distributed pursuant to the NEF - DLS)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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EVOLUTION MALTA LIMITED,
EVOLUTION GAMING MALTA LIMITED,
EVOLUTION GAMING LIMITED, and
SIA EVOLUTION LATVIA,

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ORDER

Plaintiff,

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Case No. 2:24-cv-00993-CDS-EJY

v.
LIGHT & WONDER, INC. f/k/a SCIENTIFIC
GAMES CORP. and LNW GAMING, INC.
f/k/a SG GAMING, INC.,
Defendants.

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Pending before the Court is Plaintiffs’ Ex Parte Motion for Leave to File Select Portions of

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Complaint Under Seal. ECF No. 2. Plaintiffs seek permission to file a redacted version of their

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Complaint so as not to disclose “information that is subject to confidentiality provisions … of

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agreements between the parties. Id. at 2. Plaintiffs contend that if this information is publicly

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disclosed, Defendants may claim Plaintiffs violated their obligations “under the agreements.” Id. at

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2-3.

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There is a strong presumption in favor of access to public records; to overcome it, a party

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seeking to seal a judicial record must articulate “compelling reasons” for sealing that outweigh the

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historical right of access and the public policies favoring disclosure. Kamakana v. City and Cnty. of

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Honolulu, 447 F.3d 1172, 1178-79 (9th Cir. 2006). “A request to seal all or part of a complaint must

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clearly meet the compelling reasons standard.” Liles v. Cnty. of Sacramento, Case No. 2:24-CV-

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00416-KJM-CKD, 2024 WL 1971882, at *1 (E.D. Cal. May 3, 2024) (internal quotation omitted);

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see also Nguyen v. Smith Salon, LLC, Case No. 2:21-CV-00213-KJD-BNW, 2021 WL 6773090, at

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*1-2 (D. Nev. May 3, 2021) (applying “compelling reasons” standard to request to seal complaint).

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The mere fact that the production of records may lead to a party’s embarrassment, incrimination, or

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exposure to further litigation will not alone compel the court to seal its records. Foltz v. State Farm

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Mut. Auto. Ins. Co., 331 F.3d 1122, 1136 (9th Cir. 2003).
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Compelling reasons require a demonstration of something more, such as when court files

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have become a vehicle for improper purposes, including “the use of records to gratify private spite,

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promote public scandal, circulate libelous statements, or release trade secrets.” Kamakana, 447 F.3d

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at 1179, (citing Nixon v. Warner Commc’ns, 435 U.S. 589, 598 (1978)). When a party does not

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“point to any specific facts, supported by affidavits or concrete examples, to show why any specific

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confidential information should remain under seal,” the party fails to provide sufficient information

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to constitute “compelling reasons” to seal a filing. KPG Invs., Inc. v. Sonn, Case No. 3:22-CV-

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00236-ART-CLB, 2023 WL 4235019, at *4 (D. Nev. June 28, 2023). See also Small v. Univ. Med.

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Ctr. of S. Nevada, Case No. 2:13-CV-00298-APG-PAL, 2015 WL 1281549, at *3 (D. Nev. Mar. 20,

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2015) (recognizing same).

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In support of their Motion, Plaintiffs offer only general assertions that the information they

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seek to seal is covered by certain unspecified “agreements between the parties,” and thus that

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Defendants might sue Plaintiffs if Plaintiffs’ request is denied. ECF No. 2 at 1-2. These vague

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assertions do not include the specificity required to adequately support Plaintiffs’ request. Plaintiffs

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must provide some factual basis as to the nature of the information they seek to seal that supports an

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adequate legal reason for their request. See Kamakana, 447 F.3d at 1179 (internal citation omitted).

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As of now, the Court simply does not have enough information to rely upon to grant the request.

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Accordingly, IT IS HEREBY ORDERED that if Plaintiffs seeks to file their Complaint with

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unredacted portions under seal, Plaintiffs must, no later than June 10, 2024, file a memorandum

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providing additional information demonstrating a compelling reason for the sealing request.

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IT IS FURTHER ORDERED that Plaintiffs’ Complaint at ECF No. 1 will remain
temporarily sealed pending further order of the Court.
DATED this 4th day of June, 2024.

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ELAYNA J. YOUCHAH
UNITED STATES MAGISTRATE JUDGE

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