Windy Cove, Inc. v. Circle K Stores, Inc.

District Court, S.D. California·Decided September 25, 2023·No. 3:21-cv-01416·Unknown

Opinion

WINDY COVE, INC. et al., Case No. 21-cv-1416-MMA-DEB

Plaintiffs, ORDER GRANTING MOTION TO v. FILE DOCUMENTS UNDER SEAL

CIRCLE K STORES, INC., [Doc. No. 191] Defendant. Pending before the Court is Defendant’s motion for attorneys’ fees. See Doc. No. 193. Defendant simultaneously filed a motion for leave to file an unredacted version of its motion and exhibits under seal. See Doc. No. 191. Defendant’s motion is unopposed to date. When presented with a request to file a document under seal, the Court begins with the strong presumption in favor of the “general right to inspect and copy public records and documents, including judicial records and documents.” Nixon v. Warner Commc’ns, Inc., 435 U.S. 589, 597 n.7 (1978); see also Kamakana v. City and Cnty. of Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006). “Accordingly, ‘a party seeking to seal a judicial | ||record then bears the burden of overcoming this strong presumption by meeting the compelling reasons standard.’” Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 1096 (9th Cir. 2016) (quoting Kamakana, 447 F.3d at 1178). However, where the motion is not “more than tangentially related to the merits,” the moving party need only show “good cause” to seal. Ctr. for Auto Safety, 809 F.3d at 1097. Having reviewed Defendant’s motion and supporting declaration, the Court finds good cause to seal the requested documents. Accordingly, the Court GRANTS Defendant’s motion and DIRECTS the Clerk of Court to file Doc. No. 192 UNDER SEAL. Dated: September 25, 2023 Mikel (lights HON. MICHAEL M. ANELLO United States District Judge

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Windy Cove, Inc. v. Circle K Stores, Inc., (S.D. Cal. 2023).

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Related

Nixon v. Warner Communications, Inc.
435 U.S. 589 (Supreme Court, 1978)