Gerawan Farming, Inc. v. Prima Bella Produce, Inc.
Filing
96
ORDER Granting In Part and Denying In Part Request to Seal signed by Magistrate Judge Jennifer L. Thurston on 6/14/2011. (Leon-Guerrero, A)
<![CDATA[
1
2
3
4
5
6
7
UNITED STATES DISTRICT COURT
8
EASTERN DISTRICT OF CALIFORNIA
9
10
11
GERAWAN FARMING, INC. a California
Corporation,
12
Plaintiff,
13
v.
14
15
16
PRIMA BELLA PRODUCE INC., a
California Corporation,
Defendant.
)
)
)
)
)
)
)
)
)
)
)
)
Case No.: 1:10-CV-00148 LJO JLT
ORDER GRANTING IN PART AND
DENYING IN PART REQUEST TO SEAL
(Doc. 94)
17
18
Before the Court is Plaintiff’s request to seal records (Doc. 94) filed in connection with
19
Defendant’s motion to compel Plaintiff to provide amended responses to interrogatories, to
20
produce documents and to submit to a Fed. R. Civ. P. 30(b)(6) deposition. (Doc. 79)
21
“A motion to seal documents that are not part of the judicial record, such as ‘private
22
materials unearthed during discovery,’ is governed by Federal Rule of Civil Procedure 26(c).”
23
Seals v. Mitchell, 2011 U.S. Dist. LEXIS 38654 at * 2-3 (N.D. Cal. Mar. 30, 2011). The Court
24
may grant a protective order “to protect a party or person from annoyance, embarrassment,
25
oppression, or undue burden or expense.” Pintos v. Pacific Creditors Ass'n, 605 F.3d 665, 678
26
(9th Cir. 2010).
27
To determine whether materials attached to a non-dispositive motion should be filed
28
1
1
under seal, the Court must evaluate whether “‘good cause’ exists to protect th[e] information
2
from being disclosed to the public by balancing the needs for discovery against the need for
3
confidentiality.’” Pintos, at 678 (quoting Phillips ex rel. Estates of Byrd v. Gen. Motors Corp.,
4
307 F.3d 1206, 1213 (9th Cir. 2002)).
5
Here, the documents sought to be sealed, in part, relate to proprietary information
6
maintained by Plaintiff about its ongoing business operations. As a result, the Court finds good
7
cause to ORDER the following pages SEALED:
8
1.
The following pages of Plaintiff’s Request to Seal Documents are SEALED:
9
a.
Pages 4, 5, 6, 7 of Exhibit G to the Declaration of Jill Pietrini;
10
b.
Page 3 of Exhibit H to the Declaration of Jill Pietrini;
11
c.
The entirety of Exhibit J to the Declaration of Jill Pietrini;
12
c.
The Clerk of the Court is DIRECTED to file these pages under seal;
13
14
2.
The following pages of Plaintiff’s Request to Seal Documents are NOT
SEALED:
15
a.
The entirety of Exhibit F to the Declaration of Jill Pietrini;
16
b.
All remaining pages of Exhibit H to the Declaration of Jill Pietrini
17
18
including pages 2, 3, 8;
c.
19
Counsel for Defendant is ORDERED to file these pages in the public
docket.
20
IT IS SO ORDERED.
21
Dated: June 14, 2011
9j7khi
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
22
23
24
25
26
27
28
2
]]>
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?
