Joint (Unopposed) Motion to Seal
23CV002266: VELASCO, et al. vs THE SMITHFIELD GROUP., A CALIFORNIA CORPORATION, et al. 08/11/2026 Hearing on Motion to Seal Portions of the Settlement Agreement ans Settlement Motion in Department 16C
Tentative Ruling
The Joint (Unopposed) Motion to Seal is UNOPPOSED and is GRANTED.
This motion is filed jointly by Plaintiffs and the Defendants (collectively, the Parties). The Parties have entered into a settlement agreement (Settlement) and have filed a concurrent joint (unopposed) settlement motion (Settlement Motion). The Parties move to seal: (1) the Settlement Motion, and (2) the Omnibus Declaration of Roger N. Behle, Jr. in support of the Joint Settlement Motion and Joint Motion to Seal (Behle Declaration), which has the Settlement between the Parties attached as Exhibit 1. The parties have filed appropriately redacted versions of the Settlement Motion and Behle Declaration.
Mr. Behle states that:
[t]he Settlement Agreement is agreed to be confidential, with strict disclosure limitations. The details of the transactions in the Settlement Agreement, including the terms of the settlement payment and the terms and scope of the releases and related agreements, are not publicly known and would be revealed if not placed under seal, to the prejudice of the parties financial privacy. The Settlement Agreement also mentions multiple non-parties, investment vehicles, and transactions not materially relevant to the disputes in this action nor the specific derivative claims at issue in this action, which if not placed under seal would be revealed to the prejudice of such non-parties.
(Declaration of Roger N. Behle, Jr., ¶ 11.)
The Court finds that the Settlement Motion and Behle Declaration warrants sealing under CRC rule 2.550 et seq. There exists an overriding interest that overcomes the right of public access to the record; the overriding interest supports sealing the record; a substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; the proposed sealing is narrowly tailored; and no less restrictive means exist to achieve the overriding interest.
Accordingly, the motion is GRANTED.
The clerk is directed to file and seal the conditionally lodged Settlement Motion and Behle Declaration.
This minute order is effective immediately. No formal order or other notice is required. (Code Civ. Proc. §1019.5
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23CV002266: VELASCO, et al. vs THE SMITHFIELD GROUP., A CALIFORNIA CORPORATION, et al. 08/11/2026 Hearing on Motion to Seal Portions of the Settlement Agreement ans Settlement Motion in Department 16C
Moving counsels notice of motion does not provide notice of the Courts tentative ruling system, as required by Local Rule 1.06. Moving counsel is directed to contact defense counsel and advise counsel of Local Rule 1.06 and the Courts tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact defense counsel prior to hearing, moving counsel is ordered to appear at the hearing.
NOTICE:
Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure:
To request limited oral argument, on any matter on this calendar, you must call the Department 16C Oral Argument Request Line at (916) 874-1475 by 4:00 p.m. the Court day before the hearing and advise opposing counsel. At the time of requesting oral argument, the requesting party shall leave a voice mail message: a) identifying themselves as the party requesting oral argument; b) indicating the specific matter/motion for which they are requesting oral argument; and c) confirming that it has notified the opposing party of its intention to appear and that opposing party may appear via Zoom using the Zoom link and Meeting ID indicated below.
If no request for oral argument is made, the tentative ruling becomes the final order of the Court. Unless ordered to appear in person by the Court, parties may appear remotely either telephonically or by video conference via the Zoom video/audio conference platform with notice to the Court and all other parties in accordance with Code of Civil Procedure §367.75. Although remote participation is not required, the Court will presume all parties are appearing remotely for non-evidentiary civil hearings.
The Department 16C Zoom Link is https://saccourt-ca-gov.zoomgov.com/j/16030877014 and the Zoom Meeting ID is 160 3087 7014. To appear on Zoom telephonically, call (833) 568-8864 and enter the Zoom Meeting ID referenced above. NO COURTCALL APPEARANCES WILL BE ACCEPTED.
Parties requesting services of a court reporter will need to arrange for private court reporter services at their own expense, pursuant to Government code §68086 and California Rules of Court, Rule 2.956. Requirements for requesting a court reporter are listed on the Court Reporter Services webpage available on the Sacramento Superior Court website at https://saccourt.ca.gov/general-information/court-reporter-services-transcripts. Parties may contact Court- Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://saccourt.ca.gov/home/showpublisheddocument/227/639084034465370000.
A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E-206) is required to be
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
23CV002266: VELASCO, et al. vs THE SMITHFIELD GROUP., A CALIFORNIA CORPORATION, et al. 08/11/2026 Hearing on Motion to Seal Portions of the Settlement Agreement ans Settlement Motion in Department 16C
signed by each party, the private court reporter, and the Judge prior to the hearing, if not using a reporter from the Courts Approved Official Reporter Pro Tempore list.
Once the form is signed it must be filed with the clerk. If a litigant has been granted a fee waiver and requests a court reporter, the party must submit a Request for Court Reporter by a Party with a Fee Waiver (CV/E-211) and it must be filed with the clerk at least 10 days prior to the hearing or at the time the proceeding is scheduled if less than 10 days away. Once approved, the clerk will forward the form to the Court Reporters Office and an official reporter will be provided.