Pacific Cheese Co, Inc. et al v. Advanced Coil Technology, LLC et al

Filing 217

ORDER granting in part and denying in part ECF No. 201 Motion for Leave to File Under Seal. Motion for Leave to File ECF No. 202 , Plaintiff's Response to Motion ECF No. 214 and Hussmann's Response to Motion ECF No. [ 215] may remain under seal; unsealed copies of the motion for determination of good faith settlement and the responses that redact all information pertaining to Advanced Coils financial condition shall be filed no later than 10/17/2017. Any a nd all responses and replies to the ACT defendants' motion for good faith settlement determination shall not be filed under seal except as to the information that discusses Advanced Coil's financial condition, which shall be filedunder seal. Signed by Judge Howard D. McKibben on 10/12/2017. (Copies have been distributed pursuant to the NEF - KW)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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TRAVELERS PROPERTY CASUALTY
COMPANY OF AMERICA, as subrogee
of PACIFIC CHEESE CO. INC., and
LAKE VALLEY PROPERTIES, LLC,

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Plaintiff,
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vs.
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ADVANCED COIL TECHNOLOGY, LLC,
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PHOENIX HOLDINGS OF OWATONNA,
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INC., HUSSMANN CORPORATION,
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individually and as successor in )
interest to Krack Corporation,
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BRIGGS ELECTRONIC, INC., RAY
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HEATING PRODUCTS, INC., dba RHP )
MECHANICAL SYSTEMS,
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Defendants.
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_________________________________ )

3:15-cv-00351-HDM-VPC
ORDER

Defendants Advanced Coil Technology, LLC and Phoenix Holdings

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of Owatonna, Inc. (collectively “ACT defendants”) have filed a

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motion for determination of good faith settlement (ECF No. 202),

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which they move to file under seal (ECF No. 201).

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Hussmann Corporation (“Hussmann”) have filed their responses to the

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motion under seal.

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Plaintiff and

(ECF Nos. 214 & 215).

The ACT defendants assert that the financial condition of
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Advanced Coil, which is a factor in the good faith settlement

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determination, should be protected from public disclosure because

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“Advanced Coil is a small privately-owned company, which operates

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in a competitive, niche market” and it would suffer “irreparable

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harm and severe prejudice” if its financial information were made

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known to its competitors.

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seal (ECF No. 205).

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Plaintiff does not oppose the motion to

The public has a “general right . . . to inspect and copy
public records and documents, including judicial records and

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documents.”

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1178 (9th Cir. 2006).

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must show that ‘compelling reasons supported by specific factual

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findings . . . outweigh the general history of access and the

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public policies favoring disclosure.’”

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Ass’n, 605 F.3d 665, 678 (9th Cir. 2009).

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relevant factors, including “public interest in understanding the

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judicial process and whether disclosure of the material could

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result in improper use of the material for scandalous or libelous

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purposes or infringement upon trade secrets,” in deciding a motion

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to seal.

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1430, 1434 (9th Cir. 1995)).

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Kamakana v. City & County of Honolulu, 447 F.3d 1172,
A “party seeking to seal judicial records

Pintos v. Pac. Creditors
The court must weigh

Id. at 679 n.6 (citing Hagestad v. Tragesser, 49 F.3d

The court is persuaded that information regarding Advanced

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Coil’s financial condition could be used for an improper purpose

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and that to the extent, but only to the extent, the motion for good

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faith determination discusses such information the motion should be

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sealed.

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Coil seeks to seal does not relate to or discuss Advanced Coil’s

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financial condition.

However, the vast majority of the information Advanced

That information should not be sealed.
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Accordingly, the motion for leave to file under seal (ECF No. 201)

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is GRANTED IN PART.

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plaintiff’s response filed on October 11, 2017, and Hussmann’s

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response filed on October 12, 2017, may remain under seal.

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However, unsealed copies of the motion for determination of good

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faith settlement and the responses that redact all information

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pertaining to Advanced Coil’s financial condition shall be filed no

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later than October 17, 2017.

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the ACT defendants’ motion for good faith settlement determination

The motion filed on September 28, 2017,

Any and all responses and replies to

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shall not be filed under seal except as to the information that

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discusses Advanced Coil’s financial condition, which shall be filed

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under seal.

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IT IS SO ORDERED.

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DATED: This 12th day of October, 2017.

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____________________________
UNITED STATES DISTRICT JUDGE

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