Trevino v. Golden State FC LLC & Amazon.Com, Inc., et al, No. 1:18-cv-00120-DAD-BAM, 2020 WL 550702 (E.D. Cal. 02.04.20) (McAuliffe, USMJ),
is a decision in a case which does not identify the causes of action or claims advanced by employees against Amazon and other corporations.
The decision-in-the-dark, so to speak, continued with a holding that Amazon and the other defendants were entitled to seal certain documents that set out their corporate policies and procedures. Other than conclusions, the decision apparently left the reasoning out of the decision. At least I cannot find the reasoning and if someone else can, I would appreciate learning the knowledge.
The documents to be sealed were filed in the Court File in opposition to the plaintiffs' motion to certify a class against Amazon and the other corporate defendants. The U.S. Magistrate Judge in this case held that Amazon's request to seal the corporate policies and procedures were subject to a showing of "compelling reasons" to seal them. Trevino, 2020 WL 550702, at *2. Yet, I cannot find any "compelling reasons" beyond a conclusory statement that the records are "confidential" because they would hurt Amazon's "competitive" position. (Really? Amazon's competitive position?)
Further, the USMJ held that the showing that Amazon and the other defendants made to her for sealing these documents was "particularized" as required, Trevino, 2020 WL 550702, at *2, although the decision does not contain a further description of the showing beyond saying that it was "particularized" concerning unspecified corporate policies and procedures that now are sealed from public view.
This decision puts a spotlight on the need for judges to show the reasoning for their decisions particularly concerning what is and what is not "particularized." Declaring a showing to be "particularized" without necessarily disclosing why the showing is "particularized" is simply not enough disclosure.
This decision may provide some guidance on sealing corporate policies and procedures, at least in other cases involving Amazon perhaps, as Amazon and its lawyers undoubtedly know what was involved in this case.
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