Filed: Nov. 26, 2014
Latest Update: Nov. 26, 2014
Summary: PLAINTIFFS' NOTICE OF REQUEST, REQUEST TO SEAL DOCUMENTS IN SUPPORT OF CLASS CERTIFICATION REPLY BRIEF, OPPOSITION TO MOTION TO STRIKE THE DECLARATION OF COLIN B. WEIR, 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' Reply in Support o
Summary: PLAINTIFFS' NOTICE OF REQUEST, REQUEST TO SEAL DOCUMENTS IN SUPPORT OF CLASS CERTIFICATION REPLY BRIEF, OPPOSITION TO MOTION TO STRIKE THE DECLARATION OF COLIN B. WEIR, 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' Reply in Support of..
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PLAINTIFFS' NOTICE OF REQUEST, REQUEST TO SEAL DOCUMENTS IN SUPPORT OF CLASS CERTIFICATION REPLY BRIEF, OPPOSITION TO MOTION TO STRIKE THE DECLARATION OF COLIN B. WEIR, 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' Reply in Support of Their Motion for Class Certification and Plaintiffs' Opposition to Defendant's Motion to Strike the Declaration of Colin B Weir, both motions will be heard on January 15, 2015. The documents that incorporate confidential information are:
• Plaintiffs' Reply in Support of Motion for Class Certification at pages 1:25-2:7, 2:18-19, 3:12-18, 3:25-28, 4:17-19, 5:19-6:5, 10:13-14;
• Plaintiffs' Memorandum of Points and Authorities in Opposition to Motion to Strike the Declaration of Colin B. Weir at pages 11:3-4, 12:12-16, 12:20-26, 13:11-17, 13:24-25, 14:3-7, 14:9-11, 14:16-15:1, 15:6-12, 15:17-18, 15:20-24, 15:28-16:6, 16:27-28, 17:7-10, 17:14-17, 18:23-26, and 19:7-10;
• Paragraphs 41, 42, 43, 50, 60, and 64 of the Reply Declaration of L. Timothy Fisher in Support of Plaintiffs' Motion for Class Certification and Opposition to Defendant's Motion to Strike the Declaration of Colin B Weir;
• Exhibit 36 at pages 328:19-332:16, 331:1-334:8, 334:10-19, 335:6-11, 336:4-25; Exhibit 37 at pages 339:21-24, 340:1-2, 340:16-341:22, 345:3-6, 345:19, 345:22-346:4, 347:17-25; Exhibit 39; Exhibit 40; Exhibit 41; Exhibit 44; Exhibit 47 at pages 410:1-24, 411:14-19, 412:1-25, 413:16-19, 415:13-416:13, 417:7-418:25, 420:1-4, 420:12-422:25, 425:13-426:25, 434:3-8, 439:21-25, 440:10-17; Exhibit 48; Exhibit 57; Exhibit 58; Exhibit 62 to the Reply Declaration of L. Timothy Fisher in Support of Plaintiffs' Motion for Class Certification and Opposition to Defendant's Motion to Strike the Declaration of Colin B Weir; and
• Rebuttal Expert Report of Elizabeth Howlett at pages 3:12, 5:20-7:2, and 10:6-11:11.
The above documents contain information designated by Defendant as "Confidential" pursuant to the parties' Agreement for the Discovery of Confidential Information ("Confidentiality Agreement"). 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. For this 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 Class Certification Reply Brief, Opposition to Motion to Strike the Declaration of Colin B. Weir, 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 Class Certification Reply Brief, Opposition to Motion to Strike the Declaration of Colin B. Weir, 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' Reply in Support of Motion for Class Certification at pages 1:25-2:7, 2:18-19, 3:12-18, 3:25-28, 4:17-19, 5:19-6:5, 10:13-14;
• Plaintiffs' Memorandum of Points and Authorities in Opposition to Motion to Strike the Declaration of Colin B. Weir at pages 11:3-4, 12:12-16, 12:20-26, 13:11-17, 13:24-25, 14:3-7, 14:9-11, 14:16-15:1, 15:6-12, 15:17-18, 15:20-24, 15:28-16:6, 16:27-28, 17:7-10, 17:14-17, 18:23-26, and 19:7-10;
• Paragraphs 41, 42, 43, 50, 60, and 64 of the Reply Declaration of L. Timothy Fisher in Support of Plaintiffs' Motion for Class Certification and Opposition to Defendant's Motion to Strike the Declaration of Colin B Weir;
• Exhibit 36 at pages 328:19-332:16, 331:1-334:8, 334:10-19, 335:6-11, 336:4-25; Exhibit 37 at pages 339:21-24, 340:1-2, 340:16-341:22, 345:3-6, 345:19, 345:22-346:4, 347:17-25; Exhibit 39; Exhibit 40; Exhibit 41; Exhibit 44; Exhibit 47 at pages 410:1-24, 411:14-19, 412:1-25, 413:16-19, 415:13-416:13, 417:7-418:25, 420:1-4, 420:12-422:25, 425:13-426:25, 434:3-8, 439:21-25, 440:10-17; Exhibit 48; Exhibit 57; Exhibit 58; Exhibit 62 to the Reply Declaration of L. Timothy Fisher in Support of Plaintiffs' Motion for Class Certification and Opposition to Defendant's Motion to Strike the Declaration of Colin B Weir; and
• Rebuttal Expert Report of Elizabeth Howlett at pages 3:12, 5:20-7:2, and 10:6-11:11.
The Clerk of the Court shall file the documents under seal.
IT IS SO ORDERED.
