Fresh Mix, LLC v. Pisanelli Bice, PLLC ( 2024 )

1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 FRESH MIX, LLC, Case No. 2:24-cv-00397-JCM-NJK 7 Plaintiff(s), Order v. [Docket No. 72] PISANELLI BICE, PLLC, et al., 10 Defendant(s). 11 Pending before the Court is Plaintiff's motion to seal. Docket No. 72. For unknown reasons, the motion to seal was itself filed under seal. But see, e.g., Allegiant Travel Co. v. Kinzer, 13] 2022 WL 2819734, at *3 (D. Nev. July 19, 2022). Moreover, it does not appear that the motion to 14] seal and the exhibits thereto were served on opposing counsel. See Local Rule JA 10-5(d) 15] (requiring paper service of sealed documents pursuant to Local Rule IC 4-1(c)); but see Docket 16] No. 72 at 3 (purporting to have completed service through CMECF). This latter shortcoming is 17|| particularly problematic as it is Defendant Brownstein Hyatt (not Plaintiff) who appears to be in 18] possession of the facts needed to show whether sealing is warranted. See Docket No. 72 at 1-2. 19 Accordingly, Plaintiff is hereby ORDERED to file, no later than June 14, 2024, an 20|| amended certificate of service showing that its motion to seal and the exhibits thereto were served in compliance with Local Rule IC 4-1(c). Defendant Brownstein Hyatt is ORDERED to file, no later than June 21, 2024, a response either indicating that it does not seek sealing of the subject 23] documents or providing the legal and factual showing required to obtain sealing of the subject 24] documents. 25 IT IS SO ORDERED. 26 Dated: June 12, 2024 Nancy J. Koppé 28 United States Magistrate Judge