Opinion
Case No. 2:13-cv-01397-JAM-KJN
03-24-2016
JPMORGAN CHASE BANK, N.A., a National Banking Association, Plaintiff, v. SIERRA PACIFIC MORTGAGE COMPANY, INC., Defendant.
Jonathan M. Jenkins (State Bar No. 193011) jjenkins@jklitigators.com Lara T. Kayayan (State Bar No. 239384) lkayayan@jklitigators.com Tuyet Tran (State Bar No. 245699) ttran@jklitigators.com Navdeep Singh (State Bar No. 284486) nsingh@jklitigators.com JENKINS KAYAYAN LLP 444 S. Flower Street, Suite 1530 Los Angeles, California 90071 Telephone: (310) 984-6800 Fax: (310) 984-6840 Counsel for Defendant Sierra Pacific Mortgage Company, Inc.
Jonathan M. Jenkins (State Bar No. 193011)
jjenkins@jklitigators.com
Lara T. Kayayan (State Bar No. 239384)
lkayayan@jklitigators.com
Tuyet Tran (State Bar No. 245699)
ttran@jklitigators.com
Navdeep Singh (State Bar No. 284486)
nsingh@jklitigators.com
JENKINS KAYAYAN LLP
444 S. Flower Street, Suite 1530
Los Angeles, California 90071
Telephone: (310) 984-6800
Fax: (310) 984-6840 Counsel for Defendant
Sierra Pacific Mortgage Company, Inc. The Hon. John A. Mendez
Robert T. Matsui Courthouse ORDER GRANTING DEFENDANT SIERRA PACIFIC MORTGAGE COMPANY, INC.'S REQUEST TO SEAL CONFIDENTIAL DOCUMENTS IN SUPPORT OF DEFENDANT'S OPPOSITION TO PLAINTIFF JPMORGAN CHASE BANK, N.A.'S MOTION FOR PARTIAL SUMMARY JUDGMENT. Date: April 05, 2016
Time: 1:30 PM
Courtroom: 6, 14th Floor Action Filed: July 12, 2013
Having considered Defendant Sierra Pacific Mortgage Company, Inc.'s ("Sierra") Request to Seal Confidential Documents in Support of Defendant's Opposition to Plaintiff JPMorgan Chase Bank, N.A.'s Motion for Partial Summary Judgment, the Court finds that there are compelling reasons to seal the following documents identified as "Submitted Under Seal" in Sierra's Appendix of Evidence [Dkt. No. 137-2] (hereinafter the "Sealed Documents"):
| G | November 12, 2015 - Deposition of Robert Kenneley (SubmittedUnder Seal) |
|---|---|
| X | February 23, 2012 - Demand Letter to Sierra Pacific (SubmittedUnder Seal) |
| Y | November 14, 2012 - Demand Letter to Sierra Pacific (SubmittedUnder Seal) |
| Z | July 6, 2012 - Demand Letter to Sierra Pacific (Submitted UnderSeal) |
| AA | February 23, 2012 - Demand Letter to Sierra Pacific (SubmittedUnder Seal) |
| DD | December 11, 2015 - Deposition Excerpts re William ZacharyAddison (Submitted Under Seal) |
The factual and legal basis for this ruling includes the following: (a) the Sealed Documents are confidential and private financial documents of non-party borrowers that are prohibited from disclosure by the Gramm-Leach-Bliley Act, 15 U.S.C. § 6801 et seq.; (b) it is the policy of Congress as reflected by the Gramm-Leach-Bliley Act, 15 U.S.C. § 6801 et seq. to protect the security and confidentiality of the private financial information of the non-party borrowers; (c) countervailing interests in protecting the Sealed Documents outweigh the public's interest in access to the Sealed Documents, and there is a significant interest in protecting the Sealed Documents to help prevent the potential misuse of the Sealed Documents; (d) compliance with Fed. R. Civ. P. 5.2 alone is not sufficient to safeguard the totality of the non-public personal financial information of the non-party borrowers, whose identity can be determined from publicly available documents; (e) if the Sealed Documents were filed publicly, they might become a vehicle for improper purposes such as identity theft; and (f) it is the only effective mechanism to protect the non-public personal information of the non-party borrowers and prevent the Court's file from becoming a vehicle for improper purposes.
The Sealed Documents are permanently sealed. IT IS SO ORDERED. DATED: 3/24/2016
/s/ John A. Mendez
JOHN A. MENDEZ
United States District Court Judge