360 N. Rodeo Drive, LP v. Wells Fargo Bank, National Association

Background

Defendants Wells Fargo Bank, N.A., as trustee for the benefit of the holders of certain mortgage-trust certificates, and Midland Loan Services, a division of PNC Bank, N.A., asked for permission to file one document under seal in support of their motion for summary judgment against 360 N. Rodeo Drive, LP. The request was made under Rule 11 of the court’s Individual Practices in Civil Cases and a stipulated protective order.

The document was Exhibit 8 to the declaration of Juthamas J. Suwatanapongched. It was a Microsoft Excel spreadsheet concerning real estate properties owned or partly owned by Efrem Harkham. The spreadsheet had been submitted to a lender, updated on June 25, 2021, and attached to an email included in another exhibit. It contained nonpublic financial information, including the properties’ market values, mortgage balances, rental revenues, operating expenses, and net cash flow.

Before filing their motion, defendants gave the motion papers to plaintiff so it could reconsider its confidentiality designations. Plaintiff withdrew its request to keep certain emails and deposition passages confidential. Plaintiff also agreed that one separately bound deposition portion could be omitted from the public transcript. Plaintiff continued to seek confidential treatment only for the spreadsheet.

Court’s Ruling

The court granted the request to seal the spreadsheet. The publicly filed version of the declaration omitted the spreadsheet, while a PDF version containing it was filed under seal. The court also directed the Clerk of Court to close Docket 85.