NOTICE OF REQUEST TO SEAL DOCUMENTS; POINTS AND AUTHORITIES IN SUPPORT OF REQUEST TO SEAL DOCUMENTS; [PROPOSED] ORDER GRANTING REQUEST TO SEAL DOCUMENT

[CA E.D. LOCAL RULE 141]

WILLIAM B. SHUBB, District Judge.

Notice is hereby made jointly by the parties through their counsel to seal a document pursuant to Eastern District Local Rule 141. Specifically, the parties request that this Court seal the settlement documents which will be filed as an attachment to the STIPULATION RE APPROVAL OF SETTLEMENT AGREEMENT AND DISMISSAL WITH PREJUDICE AND [PROPOSED] ORDER THEREON. This request to seal a document will be supported by points and authorities in support of the request to seal documents, a stipulation entered by the parties and any other documents needed by the Court to approve this request. RESPECTFULLY SUBMITTED.

POINTS AND AUTHORITIES IN SUPPORT OF REQUEST TO SEAL DOCUMENTS

This action arose out of a dispute between plaintiffs who worked as both employees and/or independent contractors for defendants doing construction work on custom homes. In addition to this action, Plaintiffs MICHAEL SCOTT EDWARDS and LAWRENCE LAMBDIN also filed a separate class action in Placer County Superior Court, Case No. SCV0033371. The class action complaint alleged one specific claim for missed rest breaks under California law. After participating in this Court's voluntary dispute resolution process through mediator Timothy Long, the parties have reached settlement in both this action and the State court class action. In the State action, the parties are only settling their individual claims and are not pursuing the class claims.

Good cause exists to seal the settlement documents as the settlement agreements executed by the parties includes express confidentiality provisions and damages for breaching said confidentiality provisions. Accordingly, absent an order sealing the settlement documents, the confidentiality agreement which is a material term in the agreements would be invalidated if it was subject to public disclosure. "[C]ourts have granted protective orders to protect confidential settlement agreements." Phillips v. GMC, 307 F.3d 1206, 1212 (9th Cir. 2002). Furthermore,

Accordingly, good cause is satisfied as all parties would be harmed if the settlement agreement is invalidated and they were forced to resume litigation.

All parties to this action are private entities and there is no public interest in disclosing the settlement agreement. Absent an order sealing the settlement agreement, the agreement would be invalidated thus needlessly reopening litigation in this case which neither party desires. This would also prejudice plaintiffs as they seek a final and prompt resolution of this matter. Accordingly the parties through this request and a corresponding stipulation respectfully request this court grant their request to seal the settlement agreements. RESPECTFULLY SUBMITTED.

ORDER

The Court has reviewed the request to seal documents and supporting papers. Based upon a review of the record, and good cause appearing,

IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows:

1. The Settlement Agreements, which are attached to the Parties' STIPULATION RE APPROVAL OF SETTLEMENT AGREEMENT AND DISMISSAL WITH PREJUDICE is hereby sealed. Access to this document shall be restricted to this Court and authorized court personnel.

2. Upon the motion of any person, or upon the Court's own motion, the Court may, upon a finding of good cause or consistent with applicable law, order said document unsealed.