Liu v. Kell

Filing 68

MINUTE ORDER. The Court ORDERS parties to meet and confer regarding sealing and redacting of Defendant's 61 reply brief within ten (10) days of the issuance of this order. Furthermore, Plaintiff is INSTRUCTED to file a response to Defendant's 60 motion to seal within fourteen (14) days of this order. Authorized by U.S. District Judge John C Coughenour. (TH)

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THE HONORABLE JOHN C. COUGHENOUR 1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 9 LI LIU, CASE NO. C17-0640-JCC 10 Plaintiff, 11 12 MINUTE ORDER v. KEEGAN KELL, 13 Defendant. 14 15 16 17 The following Minute Order is made by direction of the Court, the Honorable John C. Coughenour, United States District Judge: This matter comes before the Court on Defendant’s unopposed second motion to seal 18 (Dkt. No. 60) exhibits to Defendant’s reply to Plaintiff’s response to his motion to dismiss and 19 for sanctions (Dkt. No. 64), and the reply brief itself (Dkt. No. 61). These documents contain 20 bank records and other personal financial information covered under a protective order entered in 21 this matter (Dkt. No. 43). “There is a strong presumption of public access to the court’s files.” 22 W.D. Wash. Local Civ. R. 5(g); see also Nixon v. Warner Commc’ns, Inc., 435 U.S. 589, 597 23 (1978). Documents filed in support of a dispositive motion should remain under seal only when a 24 party can “articulate[] compelling reasons supported by specific factual findings” that outweigh 25 the public’s interest in access. Kamakana v. City & Cty. of Honolulu, 447 F.3d 1172, 1178 (9th 26 Cir. 2006). A party seeking to seal such documents must also comply with Local Civil Rule 5(g). MINUTE ORDER C17-0640-JCC PAGE - 1 1 Defendant asks the court to seal exhibits to his reply brief (Dkt. No. 64) pursuant to the 2 protective order entered in this matter. (Dkt. No. 60 at 1.) Defendant concedes that he has not 3 met and conferred with Plaintiff regarding his motion to seal—as required by Local Rule 4 5(g)(3)(A). (Dkt. No. 60 at 1.) However, because the information at issue is Plaintiff’s and is 5 covered by a protective order, the Court will not deny the motion on this basis. Instead, the Court 6 ORDERS Plaintiff to file a response to Defendant’s motion to seal stating whether the 7 documents should be maintained under seal and the compelling reasons for sealing the 8 documents, in accordance with Local Civil Rule 5(g)(3). The response shall be filed no later than 9 fourteen (14) days from the issuance of this order. 10 Defendant also asks the Court to seal his reply brief (Dkt. No. 61) because it contains 11 summaries of the sealed exhibits. 1 (Dkt. No. 60 at 1.) “Only in rare circumstances should a party 12 file a . . . reply under seal.” W.D. Wash. Local Civ. R. 5(g)(5). Defendant has not complied with 13 the process laid out in the local rules for doing so. Accordingly, the Court ORDERS the parties 14 to meet and confer to determine whether Plaintiff, as the designating party, will withdraw the 15 confidential designation as to information contained in the reply brief, or if the brief can be 16 redacted such that sealing is unnecessary. See W.D. Wash. Local Civ. R. 5(g)(1)(A). The parties 17 must meet and confer within ten (10) days of the issuance of this order. 18 If the parties determine that filing the reply brief under seal cannot be avoided, Defendant 19 must comply with Local Rule 5(g)(5) and publically file a redacted reply, alongside the sealed, 20 unredacted brief. See W.D. Wash. Local Civ. R. 5(g)(5). If necessary, Plaintiff’s response to 21 Defendant’s motion to seal should also address reasons for sealing Defendant’s reply brief. 22 For the reasons stated above, the Court hereby ORDERS as follows: 23 1. The Court ORDERS parties to meet and confer regarding sealing and redacting of 24 25 26 1 While Defendant’s motion asked the Court to seal his reply, it was not filed under seal. (See Dkt Nos. 60, 61.) Out of an abundance of caution, the Court placed this document under seal pending the resolution of the present motion. MINUTE ORDER C17-0640-JCC PAGE - 2 1 Defendant’s reply brief within ten (10) days of the issuance of this order. 2 2. If parties determine that reply brief should be maintained under seal, Defendant must 3 publically file a redacted version of the brief within fourteen (14) days of this order. 4 5 3. Plaintiff is INSTRUCTED to file a response to Defendant’s motion to seal within fourteen (14) days of this order. 6 DATED this 8th day of March 2018. 7 8 William M. McCool Clerk of Court 9 10 s/Tomas Hernandez Deputy Clerk 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 MINUTE ORDER C17-0640-JCC PAGE - 3

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