Moe v. Geico Indemnity Co.

• Court: District Court, D. Montana
• Decided: February 26, 2021
• Docket: 2:19-cv-00023
• Status: Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BUTTE DIVISION

BRANDON L. MOE, individually and CV 19-23-BU-BMM-KLD on behalf of all individuals of the class similarly situated, ORDER Plaintiffs,

vs.

GEICO INDEMNITY CO., and JOHN DOES I-XX,

Defendants.

Plaintiff has filed an unopposed motion for leave to file under seal a brief in support of a motion for partial summary judgment, confidential exhibits, and related deposition testimony. Pursuant to the Joint Stipulated Confidentiality Protective Order (Doc. 31) entered in this case, any party wishing to file any document under seal must make the appropriate showing of good cause or compelling reasons as delineated in Ground Zero Center for Non-Violent Action v. United States Department of the Navy, 860 F.3d 1244, 1261 (9th Cir. 2017) (requiring a showing of compelling reasons to seal documents attached to dispositive motions and other filings relating to the merits of a case) and Center for Auto Safety v. Chrysler Group, LLC, 809 F.3d 1092, 1097 (9th Cir. 2016) (requiring only a showing of good cause to seal documents related to a non-dispositive motion or a motion unrelated to the merits of a case).

Plaintiff’s motion for leave to file under seal concerns documents attached to a dispositive motion. Therefore, Plaintiff must provide compelling reasons to seal the documents. (Doc. 84.) Although Plaintiff mentions the documents contain

confidential information, this reason alone and unsupported is not compelling. Accordingly. IT IS ORDERED that Plaintiff’s motion is DENIED without prejudice. Plaintiff is granted leave to refile his motion to include compelling reasons to seal

the documents requested. DATED this 26th day of February, 2021.

_______________________________ Kathleen L. DeSoto United States Magistrate Judge