Michael G. Naessens v. Bank of America, N.A.

[1] UNITED STATES DISTRICT COURT [2] DISTRICT OF NEVADA [4] Michael G. Naessens, Case No. 2:25-cv-01079-RFB-NJK [5] Plaintiff(s), Order [6] v. [Docket No. 68] [7] Bank of America, N.A., [8] 9 Defendant(s). 10 Pending before the Court is Defendant’s motion to redact and seal filed in relation to its 11 motion to stay discovery. Docket No. 68 (seeking to redact motion to stay discovery and one 12 exhibit, and seeking to seal settlement agreement). Plaintiff filed a response in opposition. Docket 13 No. 76. Defendant filed a reply. Docket No. 80. 14 The Court may allow redaction or sealing of documents submitted in relation to non15 dispositive matters upon a particularized showing of good cause. Kamakana v. City & Cnty. of 16 Honolulu, 447 F.3d 1172 , 1179 (9th Cir. 2006). In assessing the appropriateness for secrecy, the 17 Court also considers whether allowing secrecy hinders the public’s understanding of the issues. 18 See Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1135 (9th Cir. 2003). 19 The Court will allow the sealing and redaction requested, at least on an interim basis. The 20 information at issue in this motion to stay discovery overlaps with the information that is in the 21 motion to dismiss paperwork. See Docket No. 40 (redacted version); Docket No. 42 (sealed 22 version). There is a separate motion to seal filed in relation to the motion to dismiss. See Docket 23 No. 41. In contrast to the good cause standard, a request to redact or seal made in relation to a 24 dispositive matter is subject to the heightened compelling reasons standard. Kamakana, 447 F.3d 25 at 1178 . Any ruling herein as to whether good cause exists for sealing would not impact the 26 determination of whether compelling reasons exist. See id. at 1180 (“A ‘good cause’ showing will 27 not, without more, satisfy a ‘compelling reasons’ test”). Hence, whether the subject information 28 is properly kept secret will be decided in conjunction with the motion to dismiss. 1 Accordingly, the Court conditionally GRANTS the motion to redact and seal filed in 2|| relation to the motion to stay discovery. Docket No. 68. 3 IT IS SO ORDERED. 4 Dated: October 7, 2025 Nancy J. Ko 6 United States Magistrate Judge [10] 1]