WILLIAM B. SHUBB, District Judge.
Plaintiffs Paul Evert's RV Country, Inc., Paul Evert, and Charles Curtis initiated this suit against defendant Universal Underwriters Insurance Company alleging a breach of defendant's duty to defend and indemnify. Defendant subsequently filed cross-claims for declaratory relief. Presently before the court is defendant's request, with the stipulation of plaintiffs, to file its motion for summary judgment, reply papers, and all exhibits under seal, (Docket No. 60), and plaintiffs' request to file their notice of motion and motion for partial summary judgment and all supporting papers under seal, (Docket No. 63).
A party seeking to seal a judicial record bears the burden of overcoming a strong presumption in favor of public access.
The parties both contend their cross-summary judgment materials should be sealed pursuant to the parties' Stipulation and Protective Order Regarding Confidential Information signed by Magistrate Judge Oberto. (Pls.' Req. to Seal ("Pls.' Req.") at 3 (Docket No. 63).) Defendant contends that it opposed plaintiffs' prior motions to stay discovery and trial in the present action pending the outcome of the appeal in the underlying state court action because it believed the stipulated protective order would sufficiently preserve confidentiality. (Def.'s Req. to Seal ("Def.'s Req.") at 3 (Docket No. 60).) The parties have stipulated that all depositions and a significant percentage of the documents produced during discovery are confidential under the protective order. This court has previously pointed out that a confidentiality agreement between the parties does not
The parties also argue that their requests to seal should be granted because the relevant material is protected by the "tripartite attorney-client relationship" between the insured, insurer, and the attorney hired by the insurer to represent the insured in the underlying state action. (Pls.' Req. at 7.) Plaintiffs cite two California Court of Appeal cases that note that when an attorney is engaged and paid by the insurer to defend the insured, "each member of the trio, attorney, client-insured, and client-insurer has corresponding rights and obligations founded largely on contract, and as to the attorney, by the Rules of Professional Conduct as well."
While there may be an attorney-client privilege between plaintiffs, defendant, and plaintiffs' counsel and certain portions of the summary judgment material may therefore be protected by the attorney-client privilege, this is not a compelling reason to order a blanket seal of all summary judgment briefing and supporting papers. Such an overly broad request does not even merit serious consideration. Given the important public policies favoring disclosure to the public and the media, the requests will accordingly be denied. The denial will be without prejudice to the parties' getting serious and refiling more tailored requests to seal specific privileged portions of the material or to redact certain privileged lines.
IT IS THEREFORE ORDERED that plaintiffs' and defendant's requests to seal (Docket Nos. 60, 63) be, and the same hereby are, DENIED without prejudice.