R.F. MacDonald Co. v. Sierra Boiler Service, Inc.

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA R.F. MACDONALD CO., and CLEAVER- Case No.: 3:21-cv-00045-APG-WGC BROOKS, INC., 4 Order Regarding Highly Sensitive Plaintiffs Documents v. SIERRA BOILER SERVICE, INC., PYRO COMBUSTION AND CONTROLS, INC., CANDICE GEORGE, THOMAS WILEY, and GARY PFIZENMAYER, 9 Defendants 10 The plaintiffs submitted to the clerk’s office five exhibits to their motion for temporary restraining order, designating them as Highly Sensitive Documents (HSD) under the court’s January 15, 2021 announcement regarding HSD. I have reviewed these documents, and they do not appear to fall within the definition of HSD. The court’s definition focuses on information that is important to national security and “sensitive commercial information likely to be of interest to foreign powers.”1 The documents submitted by the plaintiffs appear to be confidential business information that might be sealed if it satisfies the standard under Kamakana v. City and County of Honolulu, 447 F.3d 1172 (9th Cir. 2006). But that does not satisfy the definition of HSD.2 19 The plaintiffs have not explained why the exhibits they have submitted qualify as HSD. I therefore order the plaintiffs to submit to my chambers, for in camera review, a letter explaining why the documents qualify as HSDs. The letter should be submitted by February 2, 2021. The https://www.nvd.uscourts.gov/wp-content/uploads/2021/01/HSD-Guidance-for-Website-Final- 1-15-2021.pdf (last accessed 1/22/21).

2 See id. at ¶ 1(c)(v).

1}| plaintiffs shall send a copy of that letter to the defendants’ lawyers to avoid ex parte 2||communication. I then will decide whether the documents should remain protected as HSD.

3 DATED this 22nd day of January, 2021.

Gy ° ANDREWP.GORDON SOS 6 UNITED STATES DISTRICT JUDGE