1

2

3

4

5

6

7

8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10

11 PRIMEX FARMS, LLC, Case No. 1:24-cv-00880-CDB

12 Plaintiff, ORDER GRANTING REQUEST TO SEAL DOCUMENTS 13 v. (Doc. 23) 14 SCHÜCO USA LLLP, 5-Day Deadline 15 Defendant.

16 17 Pending before the Court is the notice and request to seal documents by Defendant Schüco 18 USA LLLP (Doc. 23), filed and emailed to the undersigned’s chambers on January 21, 2025, 19 described as documents submitted in response to the Court’s first order re: request for resolution 20 of discovery dispute, issued on January 8, 2025 (Doc. 22) requesting the following for the Court’s 21 ex parte and in camera review: 22 1. A copy of the joint defense agreement or a declaration from a competent witness 23 attesting to the details of any such joint defense arrangement (i.e., identifying when 24 such arrangement was reached, who entered into the arrangement, the scope of the 25 arrangement, etc.); 26 2. At attestation from a competent witness as to what is or what was the common legal 27 interest between Defendant and Schüco International KG (“SI KG”) that formed the 1 3. A sampling of between five and ten communications Defendant purports properly are 2 the subject of and protected from disclosure by the agreement/arrangement; and 3 4. A copy of the retainer agreement, equivalent documentary evidence, or a declaration 4 by a competent witness attesting to the agreement between Defendant and SI KG or the 5 relevant consultants/experts governing the services to be offered/rendered by those 6 consultants/experts to Defendant. (Doc. 23); see (Doc. 19). 7 The Court has considered the factors set forth in Oregonian Publ’g Co. v. U.S. Dist. Court 8 | for Dist. of Or.,

(9th Cir. 1990). The Court finds that, for the reasons stated in the 9 | Defendant’s notice and request, sealing the documents serves a compelling interest. The Court 10 | further finds that, in the absence of closure, the compelling interests identified by Defendant 11 | would be harmed. The Court further finds that there are no additional alternatives to sealing the 12 | documents that would adequately protect the compelling interests identified by Defendant. 13 Accordingly, pursuant to Local Rule 141 and based upon the representations contained in 14 | Defendant’s notice and request, IT IS HEREBY ORDERED that the documents provided to the 15 | Court in connection with Defendant’s notice and request to seal on January 21, 2025, shall be 16 | SEALED until further order of this Court. 17 It is FURTHER ORDERED within five (5) days of the date of this Order, Defendant shall 18 | submit a copy of this Order, the request for sealing and the documents to be sealed (Defendant’s 19 | documents in response to the January 8, 2025, order (Doc. 22)) by email to the Operations Section 20 | of the Clerk of the Court: ApprovedSealed @caed.uscourts.gov 21 IS SO ORDERED. Dated: _ January 23, 2025 | br Pr 23 UNITED STATES MAGISTRATE JUDGE 24 25 26 27 28