Davis v. Symetra Life Insurance Company

Filing 113

ORDER: The Court STRIKES Davis's motion (Dkt. No. 109 ). The parties are directed to re-file the motion as a stipulation signed by both parties and containing Symetra's satisfaction of Local Civil Rule 5(g)(3)(B), or, in the alternative, Davis must note this motion in accordance with Local Civil Rule 7. Signed by District Judge Kymberly K. Evanson. (SS)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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DENNIS E. DAVIS,
v.

Plaintiff,

CASE NO. C21-0533-KKE
ORDER STRIKING MOTION TO SEAL

SYMETRA LIFE INSURANCE
COMPANY,
Defendant.
This matter comes before the Court on Plaintiff Dennis E. Davis’s motion to seal. Dkt.
No. 109. Davis filed the motion on May 3, 2024, and noted it for the same day. Id. The motion
is titled “Plaintiff’s Stipulated Motion to Seal,” and states “[a]fter conferring with Defendant,
Defendant Stipulates to the present motion.” Id. at 1.
However, the motion is signed only by Davis’s counsel, and it contemplates a forthcoming
response from Symetra in order to comply with Local Rule 5(g)(3)(B). Dkt. No. 109 at 2 (noting
Defendant “must satisfy Local Civil Rule 5(g)(3)(B) in its response to this motion.”). Local Civil
Rule 5(g)(3)(B) requires that a stipulated motion to seal contain a “specific statement of the
applicable legal standard and the reasons for keeping a document under seal[.]” The responsibility
to provide such a statement rests with the party who designated the material as confidential, which
in this case is Symetra. Local Civil Rule 5(g)(3)(B). As Davis concedes, no such statement was
included in the pending motion.

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ORDER STRIKING MOTION TO SEAL - 1

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Accordingly, the Court STRIKES Davis’s motion (Dkt. No. 109). The parties are directed

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to re-file the motion as a stipulation signed by both parties and containing Symetra’s satisfaction

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of Local Civil Rule 5(g)(3)(B), or, in the alternative, Davis must note this motion in accordance

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with Local Civil Rule 7.1 In either event, to the extent the parties seek to seal material that has

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previously been ordered sealed in other filings, (Dkt. 109 at 1-2), the parties are directed to identify

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the previously sealed material with specificity.

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Dated this 8th day of May, 2024.

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A

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Kymberly K. Evanson
United States District Judge

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The Court notes that the Local Civil Rules were updated as of April 26, 2024, including changes to this Court’s
noting procedures. The rules are available on the Court’s website, https://www.wawd.uscourts.gov/local-rules-andorders.

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ORDER STRIKING MOTION TO SEAL - 2