Resorts World Las Vegas LLC v. Rock Fuel Media, Inc.

• Court: District Court, D. Nevada
• Decided: August 6, 2025
• Docket: 2:21-cv-02218
• Status: Unknown

Opinion

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 Case No.: 2:21-cv-02218-JAD-VCF Resorts World Las Vegas LLC, 4 Plaintiff Order Granting Plaintiff’s Motions to Seal 5 v. [ECF Nos. 129, 138] 6 Rock Fuel Media, Inc.,

7 Defendant

8 Plaintiff Resorts World Las Vegas LLC seeks to seal or redact various exhibits attached 9 to its motions to exclude testimony and for summary judgment, contending that those exhibits 10 contain confidential information.1 “The public has a ‘general right to inspect and copy public 11 records and documents including judicial records and documents.’”2 “Although the common law 12 right of access is not absolute, ‘[courts] start with a strong presumption in favor of access to 13 court records.’”3 “A party seeking to seal judicial records can overcome the strong presumption 14 of access by providing ‘sufficiently compelling reasons’ that override the public policies 15 favoring disclosure.”4 “When ruling on a motion to seal court records, the district court must 16 balance the competing interests of the public and the party seeking to seal judicial records.”5 17 “To seal the records, the district court must articulate a factual basis for each compelling 18 reason to seal[,] [which] must continue to exist to keep judicial records sealed.”6 The Ninth 19

1 ECF Nos. 129, 138. 20 2 In re Midland Nat. Life Ins. Co. Annuity Sales Prac. Litig., 686 F.3d 1115, 1119 (9th Cir. 2012) 21 (quoting Nixon v. Warner Comm’ns., Inc., 435 U.S. 589, 597 (1978)). 3 Id. (quoting Foltz v. St. Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1135 (9th Cir. 2003)). 22 4 Id. (quoting Foltz, 331 F.3d at 1135). 23 5 Id. (citing Kamakana v. City & Cnty. of Honolulu, 447 F.3d 1172, 1179 (9th Cir. 2006)). 6 Id. (citing Kamakana, 447 F.3d at 1179; Foltz, 331 F.3d at 1136). 1} Circuit has, however, “‘carved out an exception to the presumption of access’ to judicial records” 2|| that is “expressly limited to’ judicial records ‘filed under seal when attached to a non-dispositive 3|| motion.’”’ “Under the exception, ‘the usual presumption of the public’s right is rebutted[,]’” so “a particularized showing of ‘good cause’ under Federal Rule of Civil Procedure 26(c) is 5|| sufficient to preserve the secrecy of sealed discovery documents attached to non-dispositive motions.”® 7 I find that the higher compelling-reasons standard applies in this context because the 8]| underlying summary-judgment motion and the related motion to exclude expert testimony are 9|| dispositive. I reviewed the sealed exhibits in camera and find that they contain confidential, 10]| sensitive business information and potential trade secrets that, if released, could potentially damage both parties. So I conclude that there are compelling reasons to seal or redact them in manner Resorts World suggests. 13 Conclusion 14 IT IS THEREFORE ORDERED that Resorts World Las Vegas LLC’s motions to seal [ECF Nos. 129 and 138] are GRANTED. The Clerk of Court is directed to MAINTAIN THE 16|| SEAL on ECF Nos. 130, 139, 140, and 141. 17

USS. Dist dge fener 4 Dorsey 19 Axgust 6, 2025 20 21 22}; ___ 1 Id. (quoting Foltz, 331 F.3d at 1135). Id. (quoting Phillips ex rel. Estates of Byrd vy. Gen. Motors Corp., 307 F.3d 1206, 1213 (9th Cir. 2002); Foltz, 331 F.3d at 1135, 1138).