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RICH v. TASER INTERNATIONAL, INC., 2:09-cv-02450-JCM-NJK. (2014)

Court: District Court, D. Nevada Number: infdco20140327e59 Visitors: 5
Filed: Mar. 25, 2014
Latest Update: Mar. 25, 2014
Summary: ORDER (Docket No. 205) NANCY J. KOPPE, Magistrate Judge. Before the Court is Plaintiffs' motion to file under seal, Docket No. 205, which is hereby DENIED without prejudice. The Court does ORDER, however, that Docket No. 204 be SEALED at least on a temporary basis. Plaintiffs shall file a properly supported motion to keep that document under seal, no later than April 1, 2014. Failure to comply with this Order will result in the Court unsealing that document. The Ninth Circuit has held
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ORDER

(Docket No. 205)

NANCY J. KOPPE, Magistrate Judge.

Before the Court is Plaintiffs' motion to file under seal, Docket No. 205, which is hereby DENIED without prejudice. The Court does ORDER, however, that Docket No. 204 be SEALED at least on a temporary basis. Plaintiffs shall file a properly supported motion to keep that document under seal, no later than April 1, 2014. Failure to comply with this Order will result in the Court unsealing that document.

The Ninth Circuit has held that there is a presumption of public access to judicial files and records and that parties seeking to maintain the confidentiality of documents attached to nondispositive motions must make a particularized showing of good cause that overcomes the presumption of public access. See, e.g., Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1179 (9th Cir. 2006).1 The pending motion does not make a sufficient showing to seal Docket No. 204. Instead, it states that the document at issue was "designated as Confidential and Attorneys' Eyes Only." As an initial matter, the filing bears no such legend and Plaintiffs fail to identify any stipulated protective order entered in this case. At any rate, however, the mere fact that a party has designated a document as confidential does not establish the particularized showing necessary to file a document under seal. See, e.g., Beckman Indus., Inc. v. International Ins. Co., 966 F.2d 470, 476 (9th Cir. 1992).

IT IS SO ORDERED.

FootNotes


1. In light of the robust body of Ninth Circuit case law on the proper standards for sealing court documents, as well as the applicable rules of this Court, Plaintiffs' reliance on the Utah Rules of Judicial Administration is misplaced.
Source:  Leagle

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