Opinion
ORDER TO DEFENDANTS TO SHOW CAUSE RE: PLAINTIFF'S MOTION TO FILE UNDER SEAL THE SUPPLEMENTAL DECLARATION OF COUNSEL IN SUPPORT OF PLAINTIFF'S MOTION FOR RECONSIDERATION AND MOTION TO AMEND THE COMPLAINT, PART II
JEFFREY S. WHITE, District Judge.
The Court has received Plaintiff's motion to file under seal the supplemental declaration of William Reilly (Part II) and Exhibit B in support of Plaintiff's motion for reconsideration and motion for leave to amend the complaint.
The request states that the documents constituting Exhibit B have been designated by Defendant Martin Meeker as confidential under the Protective Order. Plaintiff further asserts that the Defendants "assert that the application of each" of the factors to be used to evaluate whether documents should be filed under seal that the exhibit "leads to the conclusion that the confidential and sensitive information contained in the documents should be filed and remain under seal." (Motion at 2:15-17).
As a public forum, the Court will only entertain requests to seal that establish good cause and are narrowly tailored to seal only the particular information that is genuinely privileged or protectable as a trade secret or otherwise has a compelling need for confidentiality. Documents may not be filed under seal pursuant to blanket protective orders covering multiple documents. In addition, counsel should not attempt to seal entire pleadings or declarations without a particularized showing explaining why the request could not be more narrowly tailored. Any order granting a request to seal shall direct the sealing of only those documents, pages, or if practicable, those portions of documents or pages that contain the information requiring confidentiality. All other portions of such documents shall remain in the public file. Civil L.R. 79-5(b) & cmt.
The Court finds that there would be good cause to grant Plaintiff's request to file the material under seal as to paragraphs 8, 10-14 and documents Bates stamped MM1235, MM1254-MM1256, MM1282-1283, MM1907, MM1934-MM1935, and MM2047.
It is not evident to the Court, however, from a review of the declaration and the documents in question that in their entirety they consist solely of proprietary and confidential information. The Court cites specifically to paragraphs 1-7, 9 and 15 of the Reilly declaration and documents Bates numbered MM1207, MM1208, MM1265, MM1266, MM1903, MM1997-MM2000, MM2042-MM2043, MM 2044, and MM2045, attached thereto.
Because Plaintiff is relying on Defendants' designation of the documents as confidential, Defendants are ORDERED TO SHOW CAUSE by no later than November 12, 2004 as to why Plaintiff's request should be granted in full. The Court shall reserve its final ruling on Plaintiff's motion to file the declaration and exhibits under seal pending the receipt of Defendants' motion to show cause.
IT IS SO ORDERED.