Roberts v. Bloom Energy Corporation

Opinion

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16 UNITED STATES DISTRICT COURT 17 NORTHERN DISTRICT OF CALIFORNIA 18

19 ELISSA M. ROBERTS, Individually and on Case No. 4:19-cv-02935-HSG 20 Behalf of All Others Similarly Situated, ORDER AS MODIFIED GRANTING 21 Plaintiff, JOINT ADMINISTRATIVE MOTION TO FILE OPT-OUT AGREEMENT UNDER 22 vs. SEAL 23 BLOOM ENERGY CORPORATION, et al., Hon. Haywood S. Gilliam, Jr. 24 Defendants. 25

27 1 Pursuant to Civil Local Rules 7-11 and 79-5 of the United States District Court for the 2 || Northern District of California, the Court, having reviewed the Opt-Out Agreement submitted as 3 || Exhibit 3 to the Parties’ October 30, 2023 Joint Administrative Motion to File Opt-Out Agreement 4 || Under Seal (the “Joint Motion”), finds that there exist “compelling reasons” for maintaining the 5 || confidentiality of the Opt-Out Agreement, Jn re Lyft Inc. Sec. Litig., 2023 WL 2960006, at *2 (N.D. 6 || Cal. Mar. 16, 2023) (“[T]here are compelling reasons to seal the opt-out threshold . . . to discourage 7 || third parties with ulterior motives from soliciting class members to opt out), Hefler v. Wells Fargo & 8 || Co., 2018 WL 4207245, at *7 (N.D. Cal. Sept. 4, 2018) (keeping confidential similar opt-out 9 || agreement, including the number of exclusions required to terminate the Settlement, “to avoid the 10 || risk that one or more shareholders might use this knowledge to insist on a higher payout for 11 themselves by threatening to break up the Settlement.”); Thomas v. MagnaChip Semiconductor 12 || Corp., 2016 WL 3879193, at *7 (N.D. Cal. July 18, 2016) (“There are compelling reasons to keep 13 || this information confidential, in order to prevent third parties from utilizing it for the improper 14 || purpose of obstructing the settlement and obtaining higher payouts.”); Jn re HealthSouth Corp. Sec. 15 || Litig., 334 F. App’x 248, 250 n.4 (11th Cir. 2009) (“The threshold number of opt outs required to 16 || trigger the blow provision is typically not disclosed and is kept confidential to encourage settlement 17 || and discourage third parties from soliciting class members to opt out.”). 18 It is HEREBY ORDERED THAT the Joint Motion is GRANTED. Dkt. No. 244. 19 || Accordingly, the Court orders that the following document be filed under Seal in its entirety: Opt- 20 || Out Agreement, submitted as Exhibit 3 to the Joint Motion. Dkt. No. 244-3, Ex. 3. Pursuant to Civil 21 || Local Rule 79-5(g)(1), documents filed under seal as to which the administrative motion is granted 22 || will remain under seal. 23 ||SO ORDERED this 31st day of October, 2023. 24 25

27 United States District Judge 28