Bartlett v. BP West Coast Products LLC ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 PERSIAN GULF INC., Individually and Case No.: 18-CV-1374 TWR (AGS) on Behalf of All Other Similarly Situated, 12 ORDER GRANTING IN PART AND Plaintiff, 13 DENYING IN PART MOTIONS TO v. FILE DOCUMENTS UNDER SEAL 14 BP WEST COAST PRODUCTS LLC, et 15 (ECF Nos. 328, 329, 338, 340, 344, 345) al., 16 Defendants. 17 RICHARD BARTLETT, et al., 18 Individually and on Behalf of All Others 19 Similarly Situated, 20 Plaintiffs, v. 21 BP WEST COAST PRODUCTS LLC, et 22 al. 23 Defendants. 24 25 26 Presently before the Court are Plaintiffs Persian Gulf Inc., David Rinaldi, Joshua 27 Ebright, and Paul Lee’s (ECF Nos. 328, 344) and Defendant Phillips 66’s (ECF No. 338) 28 unopposed Motions for Leave to File Under Seal (the “Motions”) certain documents (ECF 1 Nos. 329, 340, 345) filed in support of their briefing on Plaintiffs’ Motion Pursuant to Rule 2 72(a) Objection to July 17, 2020 Order on Plaintiffs’ Motion Regarding Defendant Phillips 3 66’s Request to Claw Back Document (ECF No. 327), which the Honorable Dana M. 4 Sabraw denied on September 18, 2020. (See ECF No. 354.) Having carefully reviewed 5 the Parties’ arguments, the proposed sealed documents (ECF Nos. 329, 340, 345), and the 6 law, the Court GRANTS IN PART AND DENIES IN PART the Motions as follows. 7 “A party moving to seal a document attached to a non-dispositive motion, such as 8 the Objections to the discovery order at issue here, must make a ‘particularized showing’ 9 of ‘good cause’ for the sealing request.” Al Otro Lado, Inc. v. Wolf, No. 17-CV-02366- 10 BAS-KSC, 2020 WL 5422784, at *4 (S.D. Cal. Sept. 10, 2020) (quoting Kamakana v. City 11 & Cty. of Honolulu, 447 F.3d 1172, 1180 (9th Cir. 2006)). This requires the moving party 12 to “make a particularized showing of good cause with respect to each individual 13 document.” SmartMetric, Inc. v. Mastercard Int’l, Inc., No. CV117126MWFAJWX, 2013 14 WL 12114448, at *2 (C.D. Cal. Nov. 1, 2013) (citing San Jose Mercury News, Inc. v. U.S. 15 Dist. Ct., 187 F.3d 1096, 1102 (9th Cir. 1999)). 16 Here, the Parties rely solely on the fact that all of the documents they seek to file 17 under seal were designated “Confidential” or “Confidential – For Counsel Only” pursuant 18 to the February 4, 2019 Protective Order (ECF No. 184). (See ECF No. 344 at 1; ECF No. 19 338 at 2; ECF No. 344 at 1.) Such “perfunctory assertion[s]” do not suffice. See 20 SmartMetric, Inc., 2013 WL 12114448, at *2. Further, Magistrate Judge Andrew G. 21 Schopler denied Defendant’s request to file under seal Exhibits A and B (previously filed 22 as Exhibits 3 and 4 in support of ECF No. 301). (See ECF No. 317.) The Court therefore 23 DENIES the Motions to the extent they seek leave to file Exhibits A and B under seal or 24 those portions of memoranda relying on or quoting from those documents. See, e.g., Al 25 Otro Lado, Inc., 2020 WL 5422784, at *4 (relying on the magistrate judge’s prior finding 26 as to good cause). 27 Magistrate Judge Schopler, however, granted Plaintiffs’ request to file under seal 28 Exhibit D (previously filed as Exhibit 8 to ECF No. 304). (See ECF No. 317.) Based on 1 || Magistrate Judge Schopler’s previous finding of good cause, the Court therefore GRANTS 2 ||the Motions to file under seal Exhibit D and those portions of memoranda relying on or 3 || quoting from that document. See, e.g., Al Otro Lado, Inc., 2020 WL 5422784, at *4. 4 In light of the foregoing, the Court GRANTS IN PART AND DENIES IN PART 5 || Plaintiffs’ (ECF Nos. 328, 344) and Defendant’s (ECF No. 338) Motions. Specifically, the 6 || Court GRANTS Plaintiffs’ Motion (ECF No. 328) at to Exhibit D (ECF No. 329-3). 7 || Accordingly, the Clerk of Court SHALL FILE UNDER SEAL ECF No. 329-3. The 8 || Court DENIES, however, Plaintiffs’ Motion (ECF No. 328) as to Exhibits A and B (ECF 9 || Nos. 329-1-2) and DENIES WITHOUT PREJUDICE Plaintiffs’ (ECF Nos. 328, 344) 10 Defendant’s (ECF No. 338) Motions to the extent they seek to file under seal 11 |/unredacted versions of their memoranda (ECF Nos. 329, 340, 345). On or before 12 || November 6, 2020, Plaintiff SHALL PUBLICLY FILE Exhibits A and B (ECF Nos. 329- 13 || 1-2), and the Parties either (1) SHALL RENEW their requests to file under seal only those 14 |/portions of their memoranda that rely upon or quote from Exhibit D; or (2) SHALL 15 || PUBLICLY FILE ECF Nos. 329, 340, and 345 in their entirety. 16 IT IS SO ORDERED. 17 Dated: October 30, 2020 Tan (\obn— Honorable Todd W. Robinson 20 United States District Court 21 22 23 24 25 26 27 28