Scanlon v. Curtis International, Ltd. ( 2020 )

1 2 3 4 UNITED STATES DISTRICT COURT 5 EASTERN DISTRICT OF CALIFORNIA 6 7 ROMAN SCANLON, Case No. 1:19-cv-00937-NONE-SKO 8 Plaintiff, ORDER GRANTING PLAINTIFF’S UNOPPOSED REQUEST TO SEAL 9 v. DOCUMENTS 10 CURTIS INTERNATIONAL, LTD., (Doc. 73) 11 Defendant. 12 13 On December 11, 2020, Plaintiff Roman Scanlon submitted a request to seal redacted 14 portions of “Plaintiff’s Notice of Motion and Motion for Leave to Amend; Memorandum of Points 15 and Authorities in Support of Leave to Amend” (“Motion to Amend”) and exhibit nos. 4–6 to the 16 “Declaration of Seth A. Safier ISO Plaintiff’s Motion for Leave to Amend” (collectively, the 17 “Request to Seal”). (Doc. 73.) Plaintiff’s Request to Seal states that these documents “contain 18 information designated as ‘CONFIDENTIAL’ or ‘HIGHLY CONFIDENTIAL/ATTORNEYS’ 19 EVES ONLY’ . . . per the terms of the Stipulated Protective Order.” (Doc. 73 at 2.) The parties’ 20 Stipulated Protective Order provides that, “[w]ithout written permission from the Designating Party 21 or a Court order secured after appropriate notice to all interested persons, a Party may not file in 22 the public record in this Action any Protected Material.”1 (Doc. 43 at 17.) 23 Pursuant to Local Rule 141(b), a request to seal a document “shall set forth the statutory or 24 other authority for sealing, the requested duration, the identity, by name or category, of persons to 25 be permitted access to the documents, and all other relevant information.” L.R. 141(b). “Only if 26 good cause exists may the Court seal the information from public view after balancing ‘the needs 27 1 “Protected Material” is defined as “any Disclosure or Discovery Material that is designated as “CONFIDENTIAL” 1 for discovery against the need for confidentiality.’” Koloff v. Metro. Life Ins. Co., No. 2 113CV02060AWIJLT, 2014 WL 12573330, at *1 (E.D. Cal. July 9, 2014) (quoting Pintos v. Pac. 3 Creditors Ass’n, 605 F.3d 665, 678 (9th Cir. Cal. 2010)). A party may submit an opposition to a 4 request to seal documents within three days of the date of service of the request. L.R. 141(c). 5 Defendant Curtis International, Ltd. has not submitted an opposition to Plaintiff’s Request 6 to Seal, and the time to do so has expired. Plaintiff’s Request to Seal is therefore deemed 7 unopposed. Plaintiff has complied with Local Rule 141, and in view of the documents’ designation 8 under the parties’ Stipulated Protective Order, to which there has been no challenge (see Doc. 43 9 at 8–9), the Court finds there is good cause to allow Plaintiff to file them under seal. 10 Accordingly, the Court GRANTS Plaintiff’s unopposed Request to Seal (Doc. 73) and 11 ORDERS that the redacted portions of Plaintiff’s Motion to Amend and exhibit nos. 4–6 to the 12 “Declaration of Seth A. Safier ISO Plaintiff’s Motion for Leave to Amend” be FILED UNDER 13 SEAL in accordance with Local Rule 141(e)(2). 14 IT IS SO ORDERED. 15 Sheila K. Oberto 16 Dated: December 21, 2020 /s/ . UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27