State Farm Fire and Casualty Company v. General Motors LLC

• Court: District Court, D. Idaho
• Decided: January 7, 2021
• Docket: 1:20-cv-00040
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO

STATE FARM FIRE AND CASUALTY, Case No. 1:20-cv-00040-BLW

Movant, MEMORANDUM DECISION AND ORDER v. GENERAL MOTORS, LLC, a Delaware limited liability company,

Defendant.

Before the Court is Defendant General Motors, LLC’s Unopposed Motion to Seal (Dkt. 42). GM wishes to seal an exhibit to a declaration that was filed in connection with GM’s motion for summary judgment. This particular document was marked as confidential during discovery. The protective order thus obligated GM to file a motion to seal the document. See Protective Order, Dkt. 18-1, ¶ 11. That alone, however, is not enough. GM must demonstrate that sealing this particular document satisfies the Ninth Circuit standard for sealing. See Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006). GM did not address that standard. Accordingly, the Court will deny the motion without prejudice. ORDER IT IS ORDERED that: l. Defendant General Motors, LLC’s Unopposed Motion to Seal (Dkt. 42) is DENIED WITHOUT PREJUDICE. 2. Defendant may refile its motion within 30 days of this Order. If such

a motion is not filed within this 30-day period, the Clerk will be directed to automatically unseal the Exhibit (Dkt. 41) without further notice or order. 3. If Defendant refiles a motions within this time period, the Exhibit at Docket 41 shall remain sealed until the Court resolves the new motion.

ASAI DATED: January 7, 2021 — □ ey) B. Lynn Winmill RIT OED U.S. District Court Judge

MEMORANDUM DECISION AND ORDER - 2