Filed: Nov. 13, 2018
Latest Update: Nov. 13, 2018
Summary: ORDER RE: REQUEST TO SEAL DOCUMENTS WILLIAM B. SHUBB , District Judge . Defendant JP Morgan Chase Bank, N.A. ("Chase") asks this court to seal Exhibits A, B, C, D, E, F, G, and H to their Memorandum in Support of Summary Judgment. (Docket No. 51.) A party seeking to seal a judicial record bears the burden of overcoming a strong presumption in favor of public access. Kamakana v. City & County of Honolulu , 447 F.3d 1172 (9th Cir. 2006). The party must "articulate compelling reasons support
Summary: ORDER RE: REQUEST TO SEAL DOCUMENTS WILLIAM B. SHUBB , District Judge . Defendant JP Morgan Chase Bank, N.A. ("Chase") asks this court to seal Exhibits A, B, C, D, E, F, G, and H to their Memorandum in Support of Summary Judgment. (Docket No. 51.) A party seeking to seal a judicial record bears the burden of overcoming a strong presumption in favor of public access. Kamakana v. City & County of Honolulu , 447 F.3d 1172 (9th Cir. 2006). The party must "articulate compelling reasons supporte..
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ORDER RE: REQUEST TO SEAL DOCUMENTS
WILLIAM B. SHUBB, District Judge.
Defendant JP Morgan Chase Bank, N.A. ("Chase") asks this court to seal Exhibits A, B, C, D, E, F, G, and H to their Memorandum in Support of Summary Judgment. (Docket No. 51.)
A party seeking to seal a judicial record bears the burden of overcoming a strong presumption in favor of public access. Kamakana v. City & County of Honolulu, 447 F.3d 1172 (9th Cir. 2006). The party must "articulate compelling reasons supported by specific factual findings that outweigh the general history of access and the public policies favoring disclosure, such as the public interest in understanding the judicial process." Id. at 1178-79 (citation omitted). In ruling on a motion to seal, the court must balance the competing interests of the public and the party seeking to keep the records secret. Id. at 1179.
Exhibits A, B, C, D, and E to defendant's Motion for Summary Judgment are business records associated with two Chase bank accounts in the name of defendant Rich Holiday.1 Exhibit F is a copy of Chase's check acceptance policy in force between November 20, 2014 and September 7, 2017. Exhibit G contains excerpts from the deposition of Jeffrey Wanic, and Exhibit H is a document titled "Holiday Diverted Check Summary" produced by plaintiff Sustainable Pavement Technologies, LLC.
Though it asks this court to seal thousands of pages of documents, Chase devotes just two pages to rebutting the presumption in favor of public access to judicial records. It supports its request primarily with general assertions about the potential harm that the release of these documents could present Chase or its clients. These vague and nonspecific concerns do not constitute "good cause" to rebut the presumption in favor of public access. See Kamakana, 447 F.3d 1172.
IT IS THEREFORE ORDERED that defendant Chase's request to seal Exhibits A, B, C, D, E, F, G, and H to its Motion for Summary Judgment be, and the same hereby is, DENIED without prejudice. The court may consider a request to seal exhibits containing only those pages specifically referenced in the Motion for Summary Judgment, or a request to redact specified portions of the documents identifying of non-litigants.