Kingston v. International Business Machines Corporation ( 2021 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 WESTERN DISTRICT OF WASHINGTON AT SEATTLE 9 10 SCOTT KINGSTON, CASE NO. C19-1488 MJP 11 Plaintiff, ORDER DENYING MOTION TO SEAL 12 v. 13 INTERNATIONAL BUSINESS MACHINES CORPORATION, 14 Defendant. 15 16 This matter comes before the Court on Defendant’s Unopposed Motion to Seal. (Dkt. No. 17 50.) Having reviewed the Motion and sealed document (Dkt. No. 51), the Court DENIES the 18 motion without prejudice. 19 Because Defendant requests the Court seal a document in conjunction with its motion for 20 summary judgment Defendant must demonstrate “compelling reasons supported by specific 21 factual findings . . . outweigh the general history of access and the public policies favoring 22 disclosure.” Kamakana v. City & Cnty. of Honolulu, 447 F.3d 1172, 1178-79 (9th Cir. 2006) 23 (internal citations omitted). Defendant offers nothing more than attorney argument to support its 24 1 motion, which is insufficient to sustain the Motion even if unopposed. The Court thus DENIES 2 the motion without prejudice, retaining the document filed in Docket Number 51 provisionally 3 under seal. The Court grants Defendant leave to refile the motion to seal with evidentiary 4 support. Such a filing must be submitted to the Court by no later than January 19, 2021. Absent 5 such a submission the Court will unseal the document filed in Docket Number 51. 6 The clerk is ordered to provide copies of this order to all counsel. 7 Dated January 14, 2021. A 8 9 Marsha J. Pechman United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24