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DEI ROSSI v. WHIRLPOOL CORPORATION, 2:12-CV-00125-TLN-CKD. (2015)

Court: District Court, E.D. California Number: infdco20150108871 Visitors: 5
Filed: Jan. 06, 2015
Latest Update: Jan. 06, 2015
Summary: PLAINTIFFS' NOTICE OF REQUEST, REQUEST TO SEAL DOCUMENTS IN SUPPORT OF OPPOSITION TO MOTION TO STRIKE THE REBUTTAL EXPERT REPORT OF DR. ELIZABETH HOWLETT, AND ORDER TROY L. NUNLEY, District Judge. TO ALL PARTIES AND THEIR COUNSEL OF RECORD: NOTICE IS HEREBY GIVEN THAT Plaintiffs Kyle Dei Rossi and Mark Linthicum (Plaintiffs") file this request pursuant to Local Rule 141 for leave to file certain confidential documents under seal in conjunction with Plaintiffs' Opposition to Whirlpool's Motion
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PLAINTIFFS' NOTICE OF REQUEST, REQUEST TO SEAL DOCUMENTS IN SUPPORT OF OPPOSITION TO MOTION TO STRIKE THE REBUTTAL EXPERT REPORT OF DR. ELIZABETH HOWLETT, AND ORDER

TROY L. NUNLEY, District Judge.

TO ALL PARTIES AND THEIR COUNSEL OF RECORD:

NOTICE IS HEREBY GIVEN THAT Plaintiffs Kyle Dei Rossi and Mark Linthicum (Plaintiffs") file this request pursuant to Local Rule 141 for leave to file certain confidential documents under seal in conjunction with Plaintiffs' Opposition to Whirlpool's Motion to Strike the Rebuttal Expert Report of Dr. Elizabeth Howlett that is noticed for hearing on January 15, 2015. The documents that incorporate confidential information are:

• Plaintiffs' Memorandum of Points and Authorities in Opposition to Motion to Strike the Rebuttal Expert Report of Dr. Elizabeth Howlett at 3:14-19, and 3:24-26. • Exhibit 1 to the Declaration of Annick M. Persinger in Support of Plaintiffs' Opposition to Motion to Strike the Rebuttal Expert Report of Dr. Elizabeth Howlett, excerpts from the October 15, 2014 deposition of Dr. Carol Scott at 96:1-25.

The above documents contain information designated by Defendant as "Confidential" pursuant to the parties' Agreement for the Discovery of Confidential Information ("Confidentiality Agreement") and in Defendant's 12/1/2014 Letter regarding the October 15, 2014 Deposition of Carol A. Scott. The Confidentiality Agreement is attached hereto as Exhibit A. The information is "Confidential Discovery Material" pursuant to Section 1(c) of the Confidentiality Agreement because it is "confidential research, development, or commercial information, within the meaning of Rule 26(c)(1)(G) of the Federal Rules of Civil Procedure." See Confidentiality Agreement, Exh. A at 2. Defendant's Letter identifying as confidential portions of Dr. Carol Scott's testimony is attached hereto as Exhibit B. For these reason, Plaintiffs request that the above-listed documents and portions thereof be filed under seal. Defendant Whirlpool Corporation shall have access to the confidential documents.

Plaintiffs have submitted this Notice of Request, Request to Seal Documents in Support of Plaintiffs' Opposition to Motion to Strike the Rebuttal Expert Report of Dr. Elizabeth Howlett, the [Proposed] Order, and the documents themselves via electronic mail to the Court. The email has been set to Judge Nunley's proposed orders email box, with the email subject line including the case number and the statement: "Request to Seal Documents." Further, this Notice of Request, Request to Seal Documents in Support of Plaintiffs' Opposition to Motion to Strike the Rebuttal Expert Report of Dr. Elizabeth Howlett, and [Proposed] Order have been served on all parties via electronic mail.

ORDER

Having considered Plaintiffs' Request to Seal Documents and the documents labeled "Confidential" pursuant to the parties' Agreement for the Discovery of Confidential Information, the Court GRANTS Plaintiffs' Request to Seal Documents and finds and orders as follows:

The Court finds that the following documents at issue should be filed under seal: • Plaintiffs' Memorandum of Points and Authorities in Opposition to Motion to Strike the Rebuttal Expert Report of Dr. Elizabeth Howlett at 3:14-19, and 3:24-26. • Exhibit 1 to the Declaration of Annick M. Persinger in Support of Plaintiffs' Opposition to Motion to Strike the Rebuttal Expert Report of Dr. Elizabeth Howlett, excerpts from the October 15, 2014 deposition of Dr. Carol Scott at 96:1-25.

The Clerk of the Court shall file the documents under seal.

IT IS SO ORDERED.

Source:  Leagle

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