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Jeffrey Schulken, et al v. Washington Mutual Bank

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


June 10, 2011

JEFFREY SCHULKEN, ET AL.,
PLAINTIFFS,
v.
WASHINGTON MUTUAL BANK, ADMINISTRATIVE HENDERSON, NV, ET AL.,
DEFENDANTS.

The opinion of the court was delivered by: Lucy H. Koh United States District Judge

United States District Court For the Northern District of California\

ORDER REGARDING MOTION TO SEAL

On June 2, 2011, plaintiffs filed an Administrative Motion to File Under Seal (Dkt. No. 81).

In the Motion, plaintiffs request sealing of certain documents that were designated Confidential by 19 defendants under the Protective Order in this matter. Pursuant to Local Rule 79-5(d), when a party 20 moves to seal documents designated as sealable by another party, the designating party must file a 21 supporting declaration within 7 days, or the sealing motion will be denied. No supporting 22 declaration was filed by any Defendant in response to the June 2, 2011 Sealing Motion.

As noted in the Protective Order, simply designating information as confidential does not entitle the parties to file it under seal. See Stipulated Protective Order, ¶ 1. If either defendant 25 objects to the public filing of the documents identified in plaintiffs' Sealing Motion, it shall file a 26 declaration stating the basis for asserting confidentiality of each exhibit plaintiffs seek to seal.

These declarations must be filed by June 14, 2011. If no declarations are received, the Court will 28 order the relevant documents to be publicly filed without sealing.

In the future, failure to follow the local rules and to submit declarations in support of motions to seal will result in denial of sealing motions and public filing of documents without warning.

IT IS SO ORDERED.

United States District Court For the Northern District of California

20110610

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