Farley v. Lincoln Benefit Life Co.

8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA DEANA FARLEY, Individually and on Behalf Case No.: 2:20-cv-02485-KJM-DB of the Class, 11 ORDER DENYING PLAINTIFF DEANA Plaintiff, FARLEY’S REQUEST TO SEAL 12 DOCUMENTS RE: REPLY IN SUPPORT OF vs. HER MOTION FOR CLASS 13 CERTIFICATION LINCOLN BENEFIT LIFE COMPANY, a Nebraska Corporation, Judge: Hon. Kimberley J. Mueller 15 Defendant. Magistrate: Hon. Deborah Barnes 16 Complaint Filed: December 16, 2020 Trial Date: None Set

19 The above-titled matter is before this court on plaintiff’s Request to Seal Documents Re: Reply in Support of her Motion for Class Certification. Request, ECF No. 57. Portions of these documents contain information designated by defendant as “CONFIDENTIAL” under the terms of the Protective Order in this action. Protective Order, ECF No. 31. However, in its prior order, the court advised parties that the “designation of documents (including transcripts of testimony) as confidential pursuant to this order does not automatically entitle the parties to file such a document with the court under seal.” Protective Order ¶ 2. Thus, plaintiff’s reliance on the stipulated protective order does not offer “a compelling reason to overcome the presumption in favor of access.” Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1138 (9th Cir. 2003); see also Kamakana v. City of Honolulu, 447 F.3d 1172, 1183 (9th Cir. 2006).

1 Accordingly, the court denies the Request to Seal Documents.

2 This order resolves ECF No. 57.

3 | ITISSO ORDERED | Dated: January 10, 2023.

6 by LY fA 2 CHIEF NT] ED STATES DISTRICT JUDGE 1] 1 2:20-cv-02485-KJM-D PLAINTIFF DEANA FARLEY’S REQUEST TO SEAL DOCUMENTS RE: JOINT STATEMEN