Judge: Robert B. Broadbelt, Case: 20STCV04420, Date: 2022-08-03 Tentative Ruling

Tentative rulings are sometimes, but not always, posted. The purpose of posting a tentative ruling is to to help focus the argument. The posting of a tentative ruling is not an invitation for the filing of additional papers shortly before the hearing.

Case Number: 20STCV04420    Hearing Date: August 3, 2022    Dept: 53

Superior Court of California

County of Los Angeles – central District

Department 53

MOVING PARTY:                 Defendants Warner Records Inc., Warner Music Group Corp., and Aaron Bay-Schuck

RESPONDING PARTY:       Plaintiff Michael Flynn

Ex Parte Application for Sealing Order

LEGAL STANDARD

Generally, court records are presumed to be open unless confidentiality is required by law.  (Cal. Rules of Court, rule 2.550(c).)  If the presumption of access applies, the court may order that a record be filed under seal “if it expressly finds facts that establish:  (1) There exists an overriding interest that overcomes the right of public access to the record; (2) The overriding interest supports sealing the record; (3) A substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) The proposed sealing is narrowly tailored; and (5) No less restrictive means exist to achieve the overriding interest.”  (Cal. Rules of Court, rule 2.550, subd. (d).) 

DISCUSSION

Defendants Warner Records, Inc., Warner Music Group Corp., and Aaron Bay-Schuck move the court for an order sealing the draft long-form version of the confidential settlement agreement filed by Plaintiff on July 21, 2022, as Exhibit 2 to the “Declaration of James T. Ryan in Support of Plaintiff’s Opposition to Defendants’ Motion to Enforce Settlement Agreement Pursuant to Code of Civil Procedure section 664.6 and Response to OSC re: Dismissal (Settlement).”   

The court finds that (1) there exists an overriding interest not to disclose the draft long-form settlement agreement that overcomes the right of public access to the record because (a) the settlement agreement filed under seal in support of Defendants’ motion to enforce settlement agreement contains a confidentiality provision as to the entire settlement, and the draft long-form settlement agreement filed by Plaintiff discloses the confidential terms of the settlement, and (b) the draft long-form settlement agreement filed by Plaintiff includes the names of individuals who have alleged sexual harassment or inappropriate conduct by Plaintiff; (2) this overriding interest supports sealing the draft long-form settlement agreement to preserve the confidentiality of the settlement terms, and the identities and right to privacy of the individuals who have alleged sexual harassment by Plaintiff; (3) a substantial probability exists that the overriding interest will be prejudiced if the draft long-form settlement agreement is not sealed, particularly given that the settlement terms and names of the individuals who have alleged sexual harassment or inappropriate conduct by Plaintiff might be the subject of publicity in the media; (4) the proposed sealing is narrowly tailored since the parties bargained for confidentiality of all settlement terms; and (5) there are no less restrictive means to achieve the overriding interest.  (Cal. Rules of Ct., rule 2.550, subd. (d).)  

ORDER

For the reasons set forth above, the court grants defendants Warner Records Inc., Warner Music Group Corp., and Aaron Bay-Schuck’s ex parte application to seal the draft long-form settlement agreement attached as Exhibit 2 to the “Declaration of James T. Ryan in Support of Plaintiff’s Opposition to Defendants’ Motion to Enforce Settlement Agreement Pursuant to Code of Civil Procedure section 664.6 and Response to OSC re: Dismissal (Settlement),” filed July 21, 2022. 

            First, the court orders that the complete, unredacted version of the “Declaration of James T. Ryan in Support of Plaintiff’s Opposition to Defendants’ Motion to Enforce Settlement Agreement Pursuant to Code of Civil Procedure section 664.6 and Response to OSC re: Dismissal (Settlement),” filed July 21, 2022, shall be filed under seal.

            Second, the court orders plaintiff Michael Flynn to file a public version of the “Declaration of James T. Ryan in Support of Plaintiff’s Opposition to Defendants’ Motion to Enforce Settlement Agreement Pursuant to Code of Civil Procedure section 664.6 and Response to OSC re: Dismissal (Settlement)” which states that Exhibit 2 is filed under seal. 

Pursuant to California Rules of Court, rule 2.551 subdivision (e), the court directs the clerk to file this order, maintain the records ordered sealed in a secure manner, and clearly identify the records as sealed by this this order. 

The court further orders that no persons other than the court are authorized to inspect the sealed records.

            The court orders defendants Warner Records Inc., Warner Music Group Corp., and Aaron Bay-Schuck to give notice of this ruling. 

IT IS SO ORDERED.

DATED:  August 3, 2022

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court