Kingston v. International Business Machines Corporation

Filing 67

ORDER denying without prejudice Defendant's #50 Unopposed Motion to Seal. The Court grants Defendant leave to refile the motion to seal with evidentiary support. Such a filing must be submitted to the Court by no later than January 19, 2021. Absent such a submission the Court will unseal the document filed in Docket Number #51 . Signed by Judge Marsha J. Pechman. (PM)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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SCOTT KINGSTON,
Plaintiff,

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CASE NO. C19-1488 MJP
ORDER DENYING MOTION TO
SEAL

v.
INTERNATIONAL BUSINESS
MACHINES CORPORATION,

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Defendant.
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This matter comes before the Court on Defendant’s Unopposed Motion to Seal. (Dkt. No.
50.) Having reviewed the Motion and sealed document (Dkt. No. 51), the Court DENIES the
motion without prejudice.
Because Defendant requests the Court seal a document in conjunction with its motion for
summary judgment Defendant must demonstrate “compelling reasons supported by specific
factual findings . . . outweigh the general history of access and the public policies favoring
disclosure.” Kamakana v. City & Cnty. of Honolulu, 447 F.3d 1172, 1178-79 (9th Cir. 2006)
(internal citations omitted). Defendant offers nothing more than attorney argument to support its

ORDER DENYING MOTION TO SEAL - 1

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motion, which is insufficient to sustain the Motion even if unopposed. The Court thus DENIES

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the motion without prejudice, retaining the document filed in Docket Number 51 provisionally

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under seal. The Court grants Defendant leave to refile the motion to seal with evidentiary

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support. Such a filing must be submitted to the Court by no later than January 19, 2021. Absent

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such a submission the Court will unseal the document filed in Docket Number 51.

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The clerk is ordered to provide copies of this order to all counsel.

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Dated January 14, 2021.

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A

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Marsha J. Pechman
United States District Judge

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ORDER DENYING MOTION TO SEAL - 2