Lawyer Commentary Mondaq United States Application To File Settlement Agreement Under Seal Denied Where Defendant Did Not Show Competitive Harm From Disclosure

Application To File Settlement Agreement Under Seal Denied Where Defendant Did Not Show Competitive Harm From Disclosure

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The Defendant, International Paper Company ("IPC") filed an application for leave to file under seal a settlement agreement between Plaintiff and IPC's co'defendants and portions of IPC's motion to dismiss that quoted the settlement agreement.

To analyze whether the settlement agreement and the quoted portions should be filed under seal, the district court noted that: "The public has a general right to inspect and copy judicial documents so that it can monitor how public agencies work." See Kamakana v. City & County of Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006) (citing Nixon v. Warner Commc'ns, Inc., 435 U.S. 589, 597 & n.7, 598 (1978)).

The district court explained that "[t]here is a strong presumption of public access to documents falling...

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