Elawyers Elawyers
Ohio| Change

PROGRESSIVE CASUALTY INSURANCE COMPANY v. DELANEY, 2:11-cv-00678-LRH-PAL. (2014)

Court: District Court, D. Nevada Number: infdco20140515b99 Visitors: 2
Filed: May 08, 2014
Latest Update: May 08, 2014
Summary: ORDER PEGGY A. LEEN, Magistrate Judge. This matter is before the court on Defendant Federal Deposit Insurance Company, as Receiver for Sun West Bank's ("FDIC-R"), Motion to Seal Exhibits K-N to Declaration of Joseph Saka (Dkt. #134) filed May 1, 2014. The court has considered the Motion. The Motion seeks an order pursuant to LR 10-5(b) permitting FDIC-R to file Exhibits K-N to the Declaration of Joseph Saka (Dkt. #133) under seal. Progressive has claimed these records are subject to the parti
More

ORDER

PEGGY A. LEEN, Magistrate Judge.

This matter is before the court on Defendant Federal Deposit Insurance Company, as Receiver for Sun West Bank's ("FDIC-R"), Motion to Seal Exhibits K-N to Declaration of Joseph Saka (Dkt. #134) filed May 1, 2014. The court has considered the Motion.

The Motion seeks an order pursuant to LR 10-5(b) permitting FDIC-R to file Exhibits K-N to the Declaration of Joseph Saka (Dkt. #133) under seal. Progressive has claimed these records are subject to the parties' Confidentiality Agreement and Stipulated Protective Order (Dkt. #63). The FDIC-R requests the Exhibits remain under seal until Progressive has had an opportunity to make a particularized showing of good cause to keep the documents sealed.

A party seeking to seal documents attached to non-dispositive motions must make a "particularized showing under the good cause standard of Rule 26(c)." Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1180 (9th Cir. 2006) (citing Foltz v. State Farm Mut. Auto Ins. Co., 331 F.3d 1122, 1135, 1138 (9th Cir. 2003)). The court appreciates that the Motion to Seal was filed to comply with the FDIC-R's obligation to treat the documents designated by opposing counsel as confidential. However, a statement that Plaintiff has designated the documents as confidential does not establish good cause for sealing documents attached to a nondispositive motion filed with the court. Therefore, the FDIC-R has not made a showing of good cause to support sealing the documents.

For these reasons,

IT IS ORDERED:

1. The FDIC-R's Motion to Seal Exhibits K-N to Declaration of Joseph Saka (Dkt. #134) is DENIED WITHOUT PREJUDICE. 2. Progressive shall have until May 23, 2014, to file a memorandum of points and authorities and any supporting declaration or affidavit to make a particularized showing of good cause why the Exhibits K-N attached to the Declaration of Joseph M. Saka (Dkt. #132) should remain under seal. 3. Exhibits K, L, M, and N attached to the Declaration of Joseph M. Saka shall remain under seal until May 23, 2014. If Progressive fails to timely comply with this order, the Clerk of Court is directed to unseal the documents and make them available on the public docket.
Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer