Filed: Aug. 11, 2016
Latest Update: Aug. 11, 2016
Summary: ORDER GRANTING MOTIONS TO SEAL [ECF Nos. 298, 302, 304] GONZALO P. CURIEL , District Judge . Presently before the Court are three motions to seal relating to the Parties' objections to the Magistrate Judge's Report and Recommendation ("Report") (ECF No. 288) regarding Defendant SourceAmerica's ex parte motion: (1) to disqualify Plaintiff Bona Fide's counsel; (2) to revoke pro hac vice admission of Daniel J. Cragg; (3) for protective order; and (3) for expedited discovery. (ECF Nos. 296
Summary: ORDER GRANTING MOTIONS TO SEAL [ECF Nos. 298, 302, 304] GONZALO P. CURIEL , District Judge . Presently before the Court are three motions to seal relating to the Parties' objections to the Magistrate Judge's Report and Recommendation ("Report") (ECF No. 288) regarding Defendant SourceAmerica's ex parte motion: (1) to disqualify Plaintiff Bona Fide's counsel; (2) to revoke pro hac vice admission of Daniel J. Cragg; (3) for protective order; and (3) for expedited discovery. (ECF Nos. 296,..
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ORDER GRANTING MOTIONS TO SEAL
[ECF Nos. 298, 302, 304]
GONZALO P. CURIEL, District Judge.
Presently before the Court are three motions to seal relating to the Parties' objections to the Magistrate Judge's Report and Recommendation ("Report") (ECF No. 288) regarding Defendant SourceAmerica's ex parte motion: (1) to disqualify Plaintiff Bona Fide's counsel; (2) to revoke pro hac vice admission of Daniel J. Cragg; (3) for protective order; and (3) for expedited discovery. (ECF Nos. 296, 297.) On March 2, 2016, Plaintiff Bona Fide ("Bona Fide") filed an ex parte motion to file under seal an unredacted version of Plaintiff's objections to the Report. (ECF No. 298.) On March 9, 2016, Defendant SourceAmerica ("SourceAmerica") filed an ex parte motion to file under seal SourceAmercia's reply to Plaintiff's objections to the Report (ECF No. 302) and Bona Fide filed an ex parte motion for leave to file under seal Bona Fide's reply to SourceAmerica's objections to the Report (ECF No. 304.) The Parties' do not oppose each other's motions to seal.
Generally, there is "a strong presumption in favor of access to court records." Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1135 (9th Cir. 2003). However, the right to inspect judicial records "is not absolute and can be overridden given sufficiently compelling reasons for doing so." Id. The Ninth Circuit has "carved out an exception to the presumption of access" where a party attaches a discovery document to a nondispositive motion. Id. To seal documents filed with nondispositive motions, the moving party must only provide a particularized showing of good cause under Rule 26(c). Id. Here, the the Parties seek to seal excerpts of nondispositive motions. As such, the Court finds the "good cause" standard applies.
Judge Bartick previously found "good cause" to seal the transcript of the January 25, 2016 hearing on SourceAmerica's motions. (ECF No. 286.) He also found "good cause" to seal paragraphs 22(a)-(b), 29(a), 42(a)-(d), 49(a) of the Declaration of Dennis Fields dated November 30, 2015 and Exhibits K, L, N, and O attached thereto, as well as Exhibits C, D, and E attached to the Declaration of Ruben Lopez dated December 16, 2015. (ECF No. 289.) The Parties seek to seal those portions of their briefs that quote and discuss the substance of the matter sealed by Judge Bartick. The requests are narrow in scope and neither party opposes the other's sealing requests. Therefore, the Court finds good cause to grant the Parties' motions to seal.
Accordingly, IT IS HEREBY ORDERED:
1) Bona Fide's ex parte motion for leave to file under seal its objections to the Report (ECF No. 298) is GRANTED;
2) SourceAmerica's ex parte application to file under seal its reply to the Report (ECF No. 302) is GRANTED; and
3) Bona Fide's ex parte motion for leave to file under seal its reply to the Report (ECF No. 304) is GRANTED.
The Clerk of Court is directed to FILE UNDER SEAL the documents now lodged at ECF Nos. 299, 307, and 305.
IT IS SO ORDERED.
