Judge: Curtis A. Kin, Case: 22STCV27137, Date: 2022-09-15 Tentative Ruling

Case Number: 22STCV27137    Hearing Date: September 15, 2022    Dept: 72

MOTION TO SEAL

APPLICATIONS FOR PRO HAC VICE ADMISSION (3)

Date:               9/15/22 (8:30 AM)

Case:               Shadow Holdings, LLC v. Cosway Company, Inc. (22STCV27137)

TENTATIVE RULING:

I.                   PLAINTIFF SHADOW HOLDINGS, LLC’S MOTION TO SEAL

Plaintiff Shadow Holdings, LLC’s Motion to Seal is GRANTED.

Plaintiff Shadow Holdings, LLC seeks an order sealing Exhibit 1 and portions of Exhibits 2, 3, 5, and 6 of the Complaint.

The court finds that:

1.      There exists an overriding interest that overcome the right of public access to the records, namely, the interest of the parties in plaintiffs in complying with their agreement not to disclose the settlement terms or amount.

2.      The overriding interest supports sealing the records.

3.      A substantial probability exists that the overriding interest will be prejudiced if the records are not sealed.

4.      The proposed sealing is narrowly tailored under the circumstances. and

5.      No less restrictive means exist to achieve the overriding interests.

Plaintiff has established that the Supply and Management Agreement contains a provision not to disclose the terms of the agreement and an obligation for plaintiff to keep certain commercially sensitive information from non-party John Paul Mitchell Systems confidential.

The Court will sign and enter the proposed Order Granting Plaintiff’s Motion to Seal lodged on August 23, 2022.

II.                PRO HAC VICE APPLICATIONS

The UNOPPOSED applications of (1) Sarah M. Kimmer, (2) Martin L. Roth, and (3) Christina E. Sharkey to appear as counsel pro hac vice in this action on behalf of plaintiff Shadow Holdings, LLC is GRANTED.

The Court finds that the applications comply with all requirements of Cal. Rule of Court 9.40 and that applicants provided sufficient proof of service on the State Bar and payment of the requisite fee.  Accordingly the Court will sign the proposed Orders granting the applications.