Pitrello v. Reubart ( 2024 )

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 MARY ELIZABETH PITRELLO, Case No.: 2:22-cv-00835-APG-EJY 4 Petitioner Order Granting Extension of Time to File 5 v. Opposition to Motion to Dismiss to December 16, 2024, and Granting Motion 6 G. NAJERA, et al., to Seal 7 Respondents [ECF Nos. 37, 41] 8 9 10 Mary Elizabeth Pitrello seeks an extension of time to file an opposition to respondents’ 11 motion to dismiss her amended 28 U.S.C. § 2254 habeas corpus petition. ECF No. 41. Good 12 cause appearing, the motion is granted. 13 Also before the court is the respondents’ motion for leave to file an exhibit under seal. 14 ECF No. 37. While there is a presumption in favor of public access to judicial filings and 15 documents, a party seeking to seal a judicial record may overcome the presumption by 16 demonstrating “compelling reasons” that outweigh the public policies favoring disclosure. See 17 Nixon v. Warner Commc’ns, Inc., 435 U.S. 589, 597 (1978); Kamakana v. City & Cty. of 18 Honolulu, 447 F.3d 1172, 1178-79 (9th Cir. 2006) (citations omitted). In general, “compelling 19 reasons” exist where the records may be used for improper purposes. Kamakana, 447 F.3d at 20 1179 (citing Nixon, 435 U.S. at 598). Here, the respondents ask to file Pitrello’s presentence 21 investigation report (“PSI”) under seal because its contents are confidential, under state law it is 22 not to be made part of any public record, and it contains information such as social security 23 numbers and victim identifiers. The court grants the motion to seal. ] I THEREFORE ORDER that the petitioner’s unopposed motion for extension of time to 2|| file an opposition to the motion to dismiss [ECF No. 41] is GRANTED. The deadline to 3|| oppose is extended to December 16, 2024. 4 I FURTHER ORDER that the respondents’ motion for leave to file exhibit under seal [ECF No. 37] is GRANTED nunc pro tunc. The exhibit will remain under seal. 6 7 8 Dated: October 16, 2024 9 ANDREW P. GORDON 10 UNITED STATES DISTRICT JUDGE 1] 12 13 14 15 16 17 18 19 20 21 22 23