Wagafe et al v. United States Citizenship and Immigration Services et al

Filing 340

ORDER granting Plaintiffs' Motions to Seal (Dkt. Nos. 311 , 315 ). Exhibits 1-3 of the Hyatt Declaration (Dkt. # 314 ) and Exhibits C-F of the Sepe Declaration (Dkt. # 318 ) shall remain under seal. Signed by Judge Richard A. Jones. (TH)

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HONORABLE RICHARD A. JONES

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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ABDIQAFAR WAGAFE, et al.,

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Plaintiffs,

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CASE NO. C17-94 RAJ
ORDER GRANTING
MOTIONS TO SEAL

v.
DONALD TRUMP, et al.,
Defendants.

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This matter comes before the Court on Plaintiffs’ motions to seal. Dkt. ## 311,

18 315. For the reasons stated below, the Court GRANTS the motions.
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“There is a strong presumption of public access to the court’s files.” Western

20 District of Washington Local Civil Rule (“LCR”) 5(g). “Only in rare circumstances
21 should a party file a motion, opposition, or reply under seal.” LCR 5(g)(5). Normally the
22 moving party must include “a specific statement of the applicable legal standard and the
23 reasons for keeping a document under seal, with evidentiary support from declarations
24 where necessary.” LCR 5(g)(3)(B).
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However, where parties have entered a stipulated protective order governing the

26 exchange in discovery of documents that a party deems confidential, “a party wishing to
27 file a confidential document it obtained from another party in discovery may file a motion

ORDER GRANTING MOTIONS TO SEAL- 1

1 to seal but need not satisfy subpart (3)(B) above. Instead, the party who designated the
2 document confidential must satisfy subpart (3)(B) in its response to the motion to seal or
3 in a stipulated motion.” LCR 5(g)(3). A “good cause” showing under Rule 26(c) will
4 suffice to keep sealed records attached to non-dispositive motions. Kamakana v. City &
5 County of Honolulu, 447 F.3d 1172, 1180 (9th Cir. 2006) (internal citations omitted).
6 For dispositive motions, the presumption may be overcome by demonstrating
7 “compelling reasons.” Id.; Foltz v. State Farm Mutual Auto. Ins. Co., 331 F.3d 1135-36
8 (9th Cir. 2003).
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Plaintiffs move to seal Exhibits 1-3 of the Hyatt Declaration (Dkt. # 314) and

10 Exhibits C-F of the Sepe Declaration (Dkt. # 318) because Defendants have designated
11 these documents as “Confidential” under the parties’ protective order. Dkt. # 311 at 2;
12 Dkt. # 315 at 2. Defendants argue that these documents contain sensitive but unclassified
13 information about how USCIS officers investigate and vet national security and that
14 disclosure of this information could cause nefarious individual to modify their behavior
15 and thereby avoid detection. Dkt. # 323 at 3; Dkt. # 324 at 3. The Court finds that
16 Defendants have established “good cause” for keeping this limited subset of documents
17 under seal. The Court GRANTS Plaintiffs’ motion as to Exhibits 1-3 of the Hyatt
18 Declaration (Dkt. # 314) and Exhibits C-F of the Sepe Declaration (Dkt. # 318)
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For the reasons stated above, the Court GRANTS Plaintiffs’ motions to seal. Dkt.

20 ## 311, 315.
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Dated this 4th day of February, 2020.

A

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The Honorable Richard A. Jones
United States District Judge

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ORDER GRANTING MOTIONS TO SEAL- 2