(PS)Tuso v. Burleson ( 2023 )

Alexander D. Terepka (CSB# 288243) 1 alex@wtlaw.com 2 WATSTEIN TEREPKA LLP 1550 Howell Mill Road, Eighth Floor 3 Atlanta, GA 30318 Telephone: (404) 782-9821 4 Attorney for Defendant 5 UNITED STATES DISTRICT COURT 6 FOR THE EASTERN DISTRICT OF CALIFORNIA 7 8 RICHARD TUSO, individually on behalf of all others similarly situated, Case No. 2:23-cv-00409-TLN-JDP 9 Plaintiffs, 10 v. 11 SUN RIDGE REAL ESTATE, INC., a 12 California corporation, and AIDAN BURLESON, a California individual, 13 Defendants. 14 15 16 ORDER GRANTING DEFENDANT’S NOTICE OF 17 REQUEST TO SEAL EXHIBIT “A” TO ITS MOTION TO DISMISS 18 Before the Court is Defendant Sun Ridge Real Estate, Inc.’s (“Sun Ridge”) a request to seal 19 Exhibit “A” of its Motion to Dismiss. The Court grants the Motion. 20 This Court has recognized a category of documents that is not subject to the right of public 21 access because the documents have “traditionally been kept secret for important policy reasons.” Times Mirror Co. v. United States, 873 F.2d 1210, 1219 (9th Cir. 1989). Federal “courts have refused 22 to permit their files to serve … as sources of business information that might harm a litigant’s 23 competitive standing.” Nixon v. Warner Commc’ns, 435 U.S. 589, 598 (1978). California federal 24 courts thus routinely find compelling reasons to seal documents containing confidential business 25 information. See generally HotSpot Therapeutics, Inc. v. Nurix Therapeutics, Inc., 2023 WL 26 3259471, at *2 (N.D. Cal. May 3, 2023) (collecting cases); Regis Metro Assoc. v. NBR Co., 2022 WL 27 267443, at *14 (N.D. Cal. Jan 28, 2022) (granting motion to seal because “[a]ll of the documents 1 Distrib., Inc. v. Finishmaster, Inc., 2018 WL 10758114, at *2 (N.D. Cal. Aug. 28, 2018) (applying compelling reason standard and determining “compelling reasons exist to seal [contracts] because they contain proprietary and confidential business information, including potential trade secrets and 3 business practices, such as product rates and purchase requirements.”) 4 Here, Sun Ridge moves to seal confidential and proprietary business information used at 5 || realtor training programs available only to those who pay a fee and agree not to share the materials. 6 || The Court agrees that these materials should be sealed under the well-established authority described 7 above. Accordingly, it is HEREBY ORDERED that: 1. Sun Ridge’s request to file Exhibit A to its Motion to Dismiss under seal is granted. IT IS SO ORDERED. ° / 11 || Dated: June 12, 2023 “ \ | ff Lr 12 sae M Anos 13 Troy L. Nuhlep United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ay