UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
October 20, 2011
JACO VAN MAANEN,
YOUTH WITH A MISSION-BISHOP, ET AL.,
The opinion of the court was delivered by: Jennifer L. Thurston United States Magistrate Judge
ORDER GRANTING IN PART AND DENYING IN PART REQUEST TO SEAL DECLARATION OF JONATHON BLUTE AND EXHIBITS THERETO AND THE MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF THE MOTION FOR GOOD FAITH SETTLEMENT (Doc. 61)
Before the Court is the Request to Seal Documents filed by Defendant Youth With A Mission International, Inc. ("Defendant"), that will be filed in support of it's motion for good faith settlement. (Doc. 61) In particular, Defendant seeks to have sealed a declaration of its attorney, Jonathon Blute and exhibits attached thereto including the settlement agreement at issue and certain, unspecified, portions of the memorandum that will be filed in support of its motion for good faith settlement that recite the terms of the settlement agreement.*fn1 No party opposed this request.
To make this determination, the Court must evaluate whether "'good cause' exists to protect th[e] information from being disclosed to the public by balancing the needs for discovery against the need for confidentiality.'" Pintos v. Pacific Creditors Ass'n, 605 F.3d 665, 678 (9th Cir. 2010) (quoting Phillips ex rel. Estates of Byrd v. Gen. Motors Corp., 307 F.3d 1206, 1213 (9th Cir. 2002))
Review of the settlement agreement makes clear that it reveals information that would not otherwise be known or available to the public. On this basis, the Court finds good cause to seal the settlement agreement and the portions of the memorandum of points and authorities which set forth the terms of the settlement. Thus, in this regard, the motion is GRANTED. On the other hand, the Blute declaration and the e-mail correspondence between the lawyers is not confidential by its nature and is of the type that is frequently filed in an unsealed state. Moreover, Defendant fails to provide cogent argument or authority that demonstrates that these documents should be sealed. Thus, as to these documents, the motion is DENIED.
Therefore, good cause appearing,
1. The Court ORDERS the following documents or portions thereof to be SEALED:
a. Exhibit A to the Blute declaration;
b. The following portions of the Memorandum of Points and Authorities In Support of Defendant Youth With A Mission - International, Inc.'s Application for an Order Determining Good Faith Settlement:
i. page 2, lines 4-6, (the last full sentence of the paragraph);
ii. page 4, lines 4-6, (the first full sentence of the paragraph);
iii. page 8, lines 5-6, (the first full sentence of the paragraph);
2. The Clerk of the Court is DIRECTED to file these documents or portion thereof under seal;
3. The Court ORDERS the following NOT to be SEALED:
a. The Blute Declaration;
b. Exhibit B to the Blute Declaration;
c. Exhibit C to the Blute Declaration;
d. Exhibit D to the Blute Declaration;
e. Exhibit E to the Blute Declaration;
f. All other portions of the Memorandum of Points and Authorities In Support of Defendant Youth With A Mission - International, Inc.'s Application for an Order Determining Good Faith Settlement, not set forth above.
4. The moving party is ORDERED to file the documents ordered not to be sealed and a redacted version of the memorandum of points and authorities consistent with the Court's order set forth above, within two business days of the date of service of this order.
IT IS SO ORDERED.