Stroh v. Saturna Capital Corporation et al

Filing 114

MINUTE ORDER granting Defendants' 98 MOTION to Seal, (Exhibit A to the Declaration of Brendan T. Mangan, docket no. 102 , shall remain under seal); MINUTE ORDER denying in part, deferring in part, and RENOTING to 5/12/2017 Plaintiff's 104 MOTION to Seal; MINUTE ORDER directing parties to SHOW CAUSE by 5/12/2017, why Exhibits A, B, D-H, J-N, P-AI, AK-AP, AR-BA, BD-BE, and BI-BJ to the Wells Declaration, docket no. 108 , should not be unsealed. Authorized by Judge Thomas S. Zilly. (SWT)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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GORDON SCOTT STROH,

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Plaintiff,

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C16-283 TSZ

v.

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SATURNA CAPITAL
CORPORATION, et al.,

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MINUTE ORDER

Defendants.
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The following Minute Order is made by direction of the Court, the Honorable
Thomas S. Zilly, United States District Judge:

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(1)
Defendants’ motion to seal, docket no. 98, is GRANTED. Exhibit A to the
Declaration of Brendan T. Mangan, docket no. 102, shall remain under seal.

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(2)
Plaintiff’s motion to seal, docket no. 104, is DENIED in part, DEFERRED
15 in part, and RENOTED to May 12, 2017. Plaintiff’s counsel apparently intended to file
Exhibits C, I, O, AJ, AQ, BB, BC, BF, BG, BH, and BK to the Declaration of
16 Christopher B. Wells (“Wells Declaration”), docket no. 107-1, under seal, but failed to do
so,1 and instead filed all other exhibits to the Wells Declaration under seal, see docket
17 no. 108. As to Exhibits C, BB, BC, BF, BG, and BH to the Wells Declaration, which
either provide the same criminal history information as, or consist of e-mails duplicative
18 of, Exhibits C, N, O, P, and Q to the Declaration of Jane Carten, docket no. 100, which
were not filed under seal, plaintiff’s motion to seal is DENIED. Plaintiff’s motion to seal
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Exhibits C, I, O, AJ, AQ, BB, BC, BF, BG, BH, and BK were available to the public from April 21,
2017, when they were electronically filed, until May 1, 2017, when counsel’s filing error was discovered
21 by the Court and the documents were sealed by the Clerk. The parties are advised that, during such
period, the documents were uploaded by private websites unrelated to and outside the control of the
Court, and they appear to now be available to the public for a fee. See, e.g., www.pacermonitor.com;
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MINUTE ORDER - 1

1 is otherwise DEFERRED. Although Exhibit O to the Wells Declaration is described as
the expert report of Mary Curran, the document actually filed is a memorandum by
2 plaintiff titled “Keith Baldwin call,” bearing bates number STROH 000495. Exhibit BK
is the expert report of Mark R. Newton, CPA. Plaintiff has not explained why either
3 expert report, even if both had been provided, should be sealed. As to Exhibits I, AJ, and
AQ, plaintiff’s motion merely refers for support to defendants’ unrelated motion to seal,
4 docket no. 98. If any party wishes to keep Exhibits I, O, AJ, AQ, or BK to the Wells
Declaration under seal, such party shall file an explanatory brief, not to exceed five (5)
5 pages in length, by May 12, 2017. In addition, the parties are DIRECTED to show cause
by May 12, 2017, why Exhibits A, B, D-H, J-N, P-AI, AK-AP, AR-BA, BD-BE, and BI6 BJ to the Wells Declaration, docket no. 108, should not be unsealed. Unless the brief and
show cause response required in this paragraph are timely submitted, all exhibits to the
7 Wells Declaration, docket nos. 107-1 and 108, will be unsealed.
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(3)
record.

The Clerk is directed to send a copy of this Minute Order to all counsel of

Dated this 2nd day of May, 2017.

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William M. McCool
Clerk

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s/Karen Dews
Deputy Clerk

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MINUTE ORDER - 2