Pamplin v. Libby

Ve BUY YOUU OVE UIVIIV □□ A RAVE ae FOUN RI Ie 'Aygy -vIN || AARON D. FORD Attorney General || PETER E. DUNKLEY, Bar No. 11110 Deputy Attorney General || State of Nevada Public Safety Division || 100 N. Carson Street Carson City, NV 89701-4717 5 Tel: (775) 684-1259 E-mail: [email protected] Attorneys for Defendants || Justin Libby 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA || JOHN DAVID PAMPLIN, Case No. 3:18-cv-00532-MMD-CLB 11 Plaintiff, |I vs. MOTION TO WITHDRAW ANSWER AND OR SEAL CONTACT INFORMATION OF || LIBBY, et al., DEFENDANT 14 Defendants 15 Defendant Justin Libby (Defendant) by and through counsel, Aaron D. Ford, Attorney General || of the State of Nevada, and Peter E. Dunkley, Deputy Attorney General, hereby submits this Motion to || Withdraw and/or Seal the Answer filed by Defendant (ECF No. 16 and 16-1) and to seal permanently ECE || No. 16-1, which contains the personal contact information for Defendant Justin Libby.

19 MEMORANDUM OF POINTS AND AUTHORITIES I. BACKGROUND 21 The Office of the Attorney General (OAG) filed last known addresses for Defendants (ECF No. || 11). Defendant was served with a copy of the complaint on or about January 2, 2020. On January 8, || 2020, Defendant, in pro per, filed an answer which included confidential contact information, which || this court sealed, at least temporarily (ECF No. 16-1). Defendant did not know that the OAG had || already provided the Court with Defendant’s last known address. Also on January 8, 2020, Defendant || requested representation from the Office of the Attorney General and the OAG agreed to do so.

27 || Accordingly, Defendant moves to withdraw his answer (ECF No. 16) and permanently seal his contact || information (ECF No. 16-1).

ee ee ee ee ne NN NAN EN A RE MEME |}. ARGUMENT 2 Courts have recognized a general right of the public to inspect and copy public records anc || documents, including judicial records and documents. See Kamakana v. City & Cnty. of Honolulu, 447 || F.3d 1172, 1178 (9th Cir. 2006) (internal citation omitted). The strong presumption of public acces: || must be overcome by a party seeking to seal a judicial record. Cir. for Auto Safety v. Chrysler Grp. || LLC, 809 F.3d 1092, 1096 (9th Cir. 2016) (citing Kamakana, 447 F.3d at 1178). This is a stringen || standard, and a party must demonstrate “‘a compelling reason and [articulate] a factual basis... withou || relying on hypothesis or conjecture” to justify sealing court records. Ctr. for Auto Safety, 809 F.3d a || 1096-97. The “compelling reason” standard applies to any motion “more than tangentially related tc || the merits of a case[,]” but especially applies to dispositive motions. /d. at 1100-01. What constitutes « || compelling reason is within the discretion of the District Court, including items that could □□□□□□□□ || private spite or promote public scandal....” Jd. at 1097. Home addresses of law enforcement officer: || meets the compelling reason standard. See Roberts v. Clark Cty. Sch. Dist., No. 215CV00388JADPAL || 2016 WL 1611587, at *1 (D. Nev. Apr. 21, 2016) (unreported, citing Kamakana, 447 F.3d at 1182; Fed 15 R. Civ. Pro. 5.2).

16 In this case, consistent with the standard practice in inmate litigation, which is to provide last || known addresses, under seal, in order to protect against the disclosure of addresses of law enforcement || officers, or former law enforcement officers, (See, e.g., ECF No. 11, (under seal filing of Defendants |] last known address).) Accordingly, Defendant respectfully withdraws his answer (ECF No. 16) and || requests that his address and other contact information be sealed (ECF No. 16-1).

21 |} TI. CONCLUSION 22 For the above stated reasons, Defendant requests that his answer be withdrawn and his personal || contact information be sealed.

24 DATED this 9th day of January, 2020.

25 AARON D. FORD Attorney General IS SO ORDERED By: /s/ Peter E. Dunkley 27 PETER E. DUNKLEY, Bar No. 11110 38 U.S MAGISTRATE JUDGE Deputy Attorney General DATED: _|[ /f Z A 72 2 Attorneys for Defendants WAow wi tA VV IVIL Why RAW ik BUEN NON ee i“Mygyvuue l CERTIFICATE OF SERVICE 2 I certify that | am an employee of the Office of the Attorney General, State of Nevada, and tha |[on this 9th of January, 2020, I caused to be served a copy of the foregoing, MOTION TC || WITHDRAW ANSWER AND OR SEAL CONTACT INFORMATION OF DEFENDANT, b: || U.S. District Court CM/ECF Electronic Filing on: John D. Pamplin #74405 || Care of NNCC Law Librarian Northern Nevada Correctional Center || P.O. Box 7000 Carson City, NV 89702 || [email protected] 11 we . /s/ Caitie Collins 12 An employee of the Office of the Attorney General