Greene v. State of Nevada

Opinion

DICKINSON WRIGHT PLLC John L. Krieger Nevada Bar No. 6023 3 || Email: jkrieger@dickinson-wright.com 3883 Howard Hughes Parkway, Suite 800 Vegas, Nevada 89169 Tel: (702) 550-4400 5 6 Attorneys for Plaintiff Delbert M. Greene 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 Delbert M. Greene, Case No: 2:19-cv-01529-APG-VCF 10 Plaintiff, 11 JOINT MOTION TO RELEASE SEALED vs. DOCUMENTS TO COUNSEL 12 Shelly Williams, Renee Baker and E.K. 13 McDaniel, Defendants. 15 16 17 Plaintiff Delbert M. Greene (“Plaintiff’) and Defendants Renee Baker and E.K. 18 || McDaniel (“Defendants”) (collectively the “Parties”), by and through their respective counsel of 19 record, hereby respectfully request the Court issue an order requiring the Clerk to provide copies sealed documents identified on the docket as ECF No. 31 and ECF No. 40 to the Parties’ counsel, so that counsel has a complete file for the matter. 22 Based upon a review of the docket, it appears ECF Nos. 31 and 40 are related to service the Complaint on Defendant Shelly Williams. ECF No. 31 follows the Order Granting 24) Plaintiff's Motion to Serve Shelly Williams and ECF No. 40 precedes Plaintiff's Notice of 25 || Service of Defendant Shelly Williams. Parties’ counsel needs access to these documents in order 26 ||to assess the completion of service on Defendant Williams, and have access to any information 27|\related to Defendant Williams filed on the Court’s record. 28 The Ninth Circuit has recognized “a strong presumption in favor of access” to court

I|!records. Kamakan v. City and County of Honolulu, 447 F.3d 1172, 1178 (internal quotation 2||marks omitted). However, the Ninth Circuit has “carved out an exception to the presumption of 3 || access to judicial records for a sealed discovery document [attached] to a non-dispositive motion, such that the usual presumption of the public’s right of access is rebutted.” Jd. (internal quotation 5||marks and citation omitted) (alterations in original). Thus, a relaxed ‘““particularized showing’ 6|lunder the ‘good cause’ standard of Rule 26(c) will suffice to warrant preserving the secrecy of 7||sealed discovery material attached to non-dispositive motions.” Jd. at 1180 (internal quotation marks and citation omitted). Based upon the Court record, it appears ECF Nos. 31 and 40 were 9! sealed by the Court based upon good cause. 10 It does not appear ECF Nos. 31 and 40 were sealed for any reason other than good cause. example, there does not appear to be any request or notice to submit documents for in camera review or any prohibition against sharing sealed documents with all counsel of record. Further, within the Local Rules of Practice is a presumption that any such documentation sealed the Court record must be provided to all counsel. See LR IA 10-5(c) (“An attomey or pro party who files a document under seal must include with the document (i) a certificate or service certifying that the sealed document was served on the opposing attorney or pro se parties, 17} or (ii) an affidavit showing good cause why the document has not been served on the opposing 18}lattorneys or pro se parties.”); see also Fed. Trade Comm’n y. Consumer Def, LLC, 191218CV00030JCMPAL, 2018 WL 3997260, at *2 (D. Nev. Aug. 21, 2018) (citing LR IA 10-5) 20 || (“Documents filed under seal, on the other hand, can be viewed by the court and other parties but by the public, and the document is part of the record.”). There is no reason why the 22 || documents cannot be shared with the Parties’ counsel. 23 241/// 25

1 The Parties therefore seek an order from the Court requiring the Clerk of the Court to 2 || provide the Parties’ counsel with complete copies of ECF Nos. 31 and 40. 3||DATED this 274 day of October, 2023. DATED this 274 day of October, 2023. DICKINSON WRIGHT PLLC AARON D. FORD 5 Attorney General 6 /s/ John L. Krieger /s/ Sabrena Clinton ——__ 7\| John L. Krieger, Esq. Sabrena Clinton, Esq. Email: jkrieger@dickinson-wright.com Email: sclinton@ag.nv.gov 8/3883 Howard Hughes Parkway, Suite 800 555 E. Washington Avenue, Suite 3900 9 Las Vegas, Nevada 89169 Las Vegas, Nevada 89101 109 || Attorneys for Plaintiff Attorneys for Renee Baker and E.K. McDaniel 1] 12 IT IS SO ORDERED:

UNITED STATES MAGISTRATE JUDGE 15 DATED: 10-6-2023 16 17 18 19 20 21 22 23 24 25 26 27 28