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Notice Of Motion And Motion To File Under Seal
Matter on the Law & Motion / Discovery calendar for Thursday, July 10, 2025, Line 5. DEFENDANT SAFEWAY INC.'s Motion To File Under Seal.
The unopposed motion to file Exhibit A to the Emily Fowler Declaration in support of Safeway's Good Faith Settlement Determination under seal is granted. Exhibit A discloses the settlement amount. Safeway seeks confidentiality on the grounds that a promise of confidentiality is material to the settlement of the case, and that knowledge of the settlement amount would be misused in other cases or misinterpreted as an admission of fault or liability.
Safeway's factual showing is thin; it offers no declaration from a person with knowledge about the latter propositions concerning potential misuses of knowledge of the settlement amount. But the court accepts that confidentiality is a material provision of this settlement agreement, and parties' resolution of their own disputes is of significant and indeed overriding public interest. The court therefore finds that (1) there exists an overriding interest that overcomes the right of public access to the record; (2) the overriding interest supports sealing Exhibit A to the Fowler Declaration; (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. (See Rules of Court, 2.550(d).)
For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 301 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 301 Zoom ID 161 502 4290; Passcode 700956.) To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number.
Any party who contests a tentative ruling must send an email to contestdept301tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing.
Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept301tr@sftc.org prior to the hearing even if the tentative ruling is not contested.
The court no longer provides a court reporter in the Law & Motion or Discovery Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(301/CVA) | |
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