BGC Partners, Inc. v. Avison Young (Canada), Inc. ( 2020 )

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 * * * 4 NEWMARK GROUP, INC., G&E Case No. 2:15-cv-00531-RFB-EJY ACQUISITION COMPANY, LLC, and BGC 5 REAL ESTATE OF NEVADA, LLC, 6 Plaintiffs, 7 v. ORDER 8 AVISON YOUNG (CANADA) INC.; AVISON YOUNG (USA) INC.; AVISON 9 YOUNG-NEVADA, LLC, MARK ROSE, THE NEVADA COMMERCIAL GROUP, 10 JOHN PINJUV, and JOSEPH KUPIEC; DOES 1 through 5; and ROE BUSINESS ENTITIES 11 6 through 10, 12 Defendants. 13 14 Before the Court is Defendants’ Motion for Leave to Redact Motion to Compel and File 15 Under Seal Certain Exhibits. ECF No. 417. No response to this Motion was filed. 16 As the party seeking to seal a judicial record, Plaintiffs must meet their burden of overcoming 17 the strong presumption in favor of access and public policies favoring disclosure. Kamakana v. City 18 and Cnty. of Honolulu, 447 F.3d 1172, 1178-79 (9th Cir. 2006) (holding that those who seek to 19 maintain the secrecy of documents attached to dispositive motions must meet the high threshold of 20 showing that “compelling reasons” support secrecy). However, where a party 21 seeks to seal documents attached to a non-dispositive motion, the “public policies that support the 22 right of access to dispositive motions … do not apply with equal force … .” Kamakana, 417 F.3d 23 at 1179 (citation omitted). 24 The mere fact that the production of records may lead to a party’s embarrassment, 25 incrimination, or exposure to further litigation will not alone compel the court to seal its 26 records. Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1136 (9th Cir. 2003). Compelling 27 reasons require a demonstration of something more, such as when court files have become a vehicle 1 disseminate libelous statements, or circulate trade secrets. Nixon v. Warner Commc’ns, 435 U.S. 2 589, 598 (1978). 3 The Court considered the Motion and the documents sought to be sealed. The Court finds 4 Exhibits 11, 12, 14, 15, 16, 17, 18, 19, and 22 are properly sealed. 5 Accordingly, IT IS HEREBY ORDERED that Defendants’ Motion for Leave to Redact 6 Motion to Compel and File Under Seal Certain Exhibits (ECF No. 417) is GRANTED. 7 IT IS FURTHER ORDERED that Exhibits 11, 12, 14, 15, 16, 17, 18, 19, and 22 shall remain 8 sealed. Pages in Defendants’ Motion to Compel (ECF No. 416) redacted based on reference to or 9 content of these Exhibits shall remain redacted. 10 DATED: December 14, 2020 11 12 ELAYNA J. YOUCHAH 13 UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27