Filed: Jun. 02, 2014
Latest Update: Jun. 02, 2014
Summary: ORDER REGARDING REQUESTS TO SEAL DOCUMENTS (Docs. 84, 106, 110) ORDER REQUIRING PLAINTIFF TO FILE AMENDED MOTION TO CERTIFY CLASS AND AMENDED REPLY REGARDING MOTION TO CERTIFY CLASS WITHIN SEVEN (7) DAYS ORDER REQUIRING DEFENDANT TO FILE AMENDED DECLARATION OF JEFFREY D. WOHL IN OPPOSITION TO MOTION FOR CLASS CERTIFICATION ORDER DIRECTING CLERK OF COURT TO STRIKE CLASS CERTIFICATION MOTION, REPLY REGARDING CLASS CERTIFICATION MOTION, AND DECLARATION OF JEFFREY D. WOHL IN OPPOSITION TO MOTION
Summary: ORDER REGARDING REQUESTS TO SEAL DOCUMENTS (Docs. 84, 106, 110) ORDER REQUIRING PLAINTIFF TO FILE AMENDED MOTION TO CERTIFY CLASS AND AMENDED REPLY REGARDING MOTION TO CERTIFY CLASS WITHIN SEVEN (7) DAYS ORDER REQUIRING DEFENDANT TO FILE AMENDED DECLARATION OF JEFFREY D. WOHL IN OPPOSITION TO MOTION FOR CLASS CERTIFICATION ORDER DIRECTING CLERK OF COURT TO STRIKE CLASS CERTIFICATION MOTION, REPLY REGARDING CLASS CERTIFICATION MOTION, AND DECLARATION OF JEFFREY D. WOHL IN OPPOSITION TO MOTION F..
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ORDER REGARDING REQUESTS TO SEAL DOCUMENTS (Docs. 84, 106, 110)
ORDER REQUIRING PLAINTIFF TO FILE AMENDED MOTION TO CERTIFY CLASS AND AMENDED REPLY REGARDING MOTION TO CERTIFY CLASS WITHIN SEVEN (7) DAYS
ORDER REQUIRING DEFENDANT TO FILE AMENDED DECLARATION OF JEFFREY D. WOHL IN OPPOSITION TO MOTION FOR CLASS CERTIFICATION
ORDER DIRECTING CLERK OF COURT TO STRIKE CLASS CERTIFICATION MOTION, REPLY REGARDING CLASS CERTIFICATION MOTION, AND DECLARATION OF JEFFREY D. WOHL IN OPPOSITION TO MOTION FOR CLASS CERTIFICATION
MICHAEL J. SENG, Magistrate Judge.
Presently before the Court is Plaintiff Amie Holak's motion for class certification. (See ECF No. 82.) Plaintiff filed redacted copies of her motion for class certification and in her reply to Defendant's opposition to class certification. (ECF Nos. 82, 109.) With regard to Plaintiff's motion for class certification, Plaintiff redacted the following pages of the filing: (1) sections of page two of the memorandum of points and authorities, (2) exhibits A and D to the declaration of Raul Perez in support of the class certification motion, (3) and portions of exhibit A to the declaration of Amie Holak. (See ECF No. 82.) The Court denied the request to seal without prejudice and provided Defendant an opportunity to present to the Court why the documents should remain redacted.1 (ECF No. 87.) In response, Defendant did not object to the public filing of exhibits A and D to the Perez declaration.
Accordingly, the Plaintiff's request to seal is granted in part and denied in part. With regard to page two of the memorandum of points and authorities, and exhibits A and D to the Perez declaration, the request is denied. However, the redactions to portions of exhibit A to Holak's declaration are proper under Fed. R. Civ. P. 5.2(a) as the redactions protect Holak's sensitive financial account information. Plaintiff is hereby directed to file within seven (7) days of the date of issuance of this order an amended class certification motion redacting only the previously redacted sections of exhibit A to Holak's declaration.
With regard to Plaintiff's reply regarding the motion for class certification, Plaintiff requested to redact portions of page four (4) of the reply, and exhibits one and two of the declaration of Melissa Grant. Despite receiving a copy of the notice of the request to seal documents relating to the reply, Defendant did not respond or otherwise assert that the documents were protected and should be privileged. Accordingly, the request to seal or redact Plaintiff's reply and documents attached thereto is denied. Plaintiff is hereby directed to file within seven (7) days of the date of issuance of this order an amended reply and accompanying exhibits without any redactions.
Finally, Defendant filed a motion to redact portions of exhibit J to the declaration of Jeffery D. Wohl filed in opposition to the motion for class certification. (See ECF Nos. 89, 106-07.) Defendant desires to file a redacted copy of exhibit J to protect the putative class members' privacy interests in their contact information. See Belaire-West Landscape, Inc. v. Superior Court, 149 Cal.App.4th 554, 561 (2007) (holding employees have protectable privacy interests in their contact information). Finding good cause, the Court hereby grants the request. Defendant is hereby directed to file within seven (7) days of the date of issuance of this order an amended declaration of Jeffrey D. Wohl containing a redacted copy of exhibit J.
ORDER
It is hereby ordered that:
1) Plaintiff's request to seal her class certification motion is GRANTED in part and DENIED in part. Plaintiff is hereby ORDERED to file within seven (7) days of the date of issuance of this order an amended class certification motion without any redactions except the previously redacted sections of exhibit A to Holak's declaration;
2) Plaintiff's request to seal her reply regarding the class certification motion is DENIED. Plaintiff is hereby directed to file within seven (7) days of the date of issuance of this order an amended reply and accompanying exhibits without any redactions; and
3) Defendant's request to redact portions of exhibit J to the Declaration of Jeffery Wohl is GRANTED. Defendant is hereby directed to file within seven (7) days of the date of issuance of this order an amended declaration of Jeffrey D. Wohl containing a redacted copy of exhibit J.
IT IS SO ORDERED.