Arias v. University of Washington Tacoma

W.D. Washington

Arias v. University of Washington Tacoma

District Court, W.D. Washington·Decided April 22, 2025·No. 3:25-cv-05079·Unknown

Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA CLAUDIA ARIAS, CASE NO. 3:25-cv-05079-DGE Plaintiff, ORDER GRANTING MOTION TO v. SEAL TACOMA et al., Defendant. This matter is before the Court on Defendants’ renewed motion to seal an exhibit attached to Defendants Notice of Removal. (Dkt. No. 17; see also Dkt. Nos. 9, 14.) Defendants contend they inadvertently attached an unredacted copy of an email between defense counsel discussing this matter, which Defendants assert is a privileged communication. (Dkt. No. 17 at 2–3.) Plaintiff did not respond to Defendants’ motion to seal. “There is a strong presumption of public access to the court’s files.” LCR5(g). However, the presumption “is not absolute and can be overridden given sufficiently compelling reasons for doing so.” Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1135 (9th Cir. 2003). In making such determination, courts consider the “public interest in understanding the judicial process and whether disclosure of the material could result in improper use of the material for scandalous or libelous purposes or infringement upon trade secrets.” Hagestad v. Tragesser, 49 F.3d 1430, 1434 (9th Cir. 1995); Foltz, 331 F.3d at 1135. “The public interest in accessing the

courts does not outweigh the compelling need to honor the attorney-client privilege.” Specialty Surplus Ins. Co. v. Lexington Ins. Co., No. C06-5246 RJB, 2007 WL 2404703, at *18 (W.D. Wash. Aug. 17, 2007). Here, Defendants ask the Court to seal Dkt. No. 1-3 because the emails therein contain privileged and confidential information. (Dkt. No. 17 at 4.) The email thread contains emails between Dr. Ndura’s counsel and defense counsel, and individual defendant Keva Miller and her counsel. (Dkt. No. 1-3.) These emails appear to be confidential and the Court will deem them to be privileged communication between counsel and their clients prepared in anticipation of litigation. Weighing Defendants’ interests against the public interest in disclosure, the Court determines that Defendants have demonstrated a compelling reason to protect the emails

contained in Dkt. No. 1-3 from disclosure. See Specialty Surplus Ins. Co., 2007 WL 2404703, at *18. Thus, having considered the motion, the rest of the file, and the governing law, the Court GRANTS the motion to seal. The Court DIRECTS the Clerk to seal Dkt. No. 1-3. Dated this 22nd day of April, 2025. A David G. Estudillo United States District Judge

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA CLAUDIA ARIAS, CASE NO. 3:25-cv-05079-DGE Plaintiff, ORDER GRANTING MOTION TO v. SEAL TACOMA et al., Defendant. This matter is before the Court on Defendants’ renewed motion to seal an exhibit attached to Defendants Notice of Removal. (Dkt. No. 17; see also Dkt. Nos. 9, 14.) Defendants contend they inadvertently attached an unredacted copy of an email between defense counsel discussing this matter, which Defendants assert is a privileged communication. (Dkt. No. 17 at 2–3.) Plaintiff did not respond to Defendants’ motion to seal. “There is a strong presumption of public access to the court’s files.” LCR5(g). However, the presumption “is not absolute and can be overridden given sufficiently compelling reasons for doing so.” Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1135 (9th Cir. 2003). In making such determination, courts consider the “public interest in understanding the judicial process and whether disclosure of the material could result in improper use of the material for scandalous or libelous purposes or infringement upon trade secrets.” Hagestad v. Tragesser, 49 F.3d 1430, 1434 (9th Cir. 1995); Foltz, 331 F.3d at 1135. “The public interest in accessing the

courts does not outweigh the compelling need to honor the attorney-client privilege.” Specialty Surplus Ins. Co. v. Lexington Ins. Co., No. C06-5246 RJB, 2007 WL 2404703, at *18 (W.D. Wash. Aug. 17, 2007). Here, Defendants ask the Court to seal Dkt. No. 1-3 because the emails therein contain privileged and confidential information. (Dkt. No. 17 at 4.) The email thread contains emails between Dr. Ndura’s counsel and defense counsel, and individual defendant Keva Miller and her counsel. (Dkt. No. 1-3.) These emails appear to be confidential and the Court will deem them to be privileged communication between counsel and their clients prepared in anticipation of litigation. Weighing Defendants’ interests against the public interest in disclosure, the Court determines that Defendants have demonstrated a compelling reason to protect the emails

contained in Dkt. No. 1-3 from disclosure. See Specialty Surplus Ins. Co., 2007 WL 2404703, at *18. Thus, having considered the motion, the rest of the file, and the governing law, the Court GRANTS the motion to seal. The Court DIRECTS the Clerk to seal Dkt. No. 1-3. Dated this 22nd day of April, 2025. A David G. Estudillo United States District Judge

Arias v. University of Washington Tacoma, (W.D. Wash. 2025).

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Debbie Foltz, Consumer Action United Policyholders Texas Watch, Intervenors, and Tierney Adamson Kevin Snead Daniel P. Johnson, Intervenors-Appellants. v. State Farm Mutual Automobile Insurance Company, an Illinois Corporation California Institute of Medical Research & Technology, Inc., a Foreign Corporation Dba Comprehensive Medical Review Ralph Householder Steven Becker v. April Jean Ho Jim Mathis, Plaintiffs-Intervenors. Debbie Foltz, and Tierney Adamson Kevin Snead Daniel P. Johnson, Intervenors-Appellants v. State Farm Mutual Automobile Insurance Company, an Illinois Corporation, and California Institute of Medical Research & Technology, Inc., a Foreign Corporation Dba Comprehensive Medical Review Ralph Householder Steven Becker v. April Jean Ho Jim Mathis, Plaintiffs-Intervenors. Debbie Foltz, April J. Ho Jim Mathis Tierney Adamson Kevin Snead Daniel P. Johnson, Intervenors, and Consumer Action United Policy-Holders Texas Watch, Intervenors-Appellants v. State Farm Mutual Automobile Insurance Company, an Illinois Corporation, and Steven Becker

331 F.3d 1122 (Ninth Circuit, 2003)

Opinion

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