Erhart

Erhart v. Bofi Holding Inc.

Good Law
United States District Court, Southern District of CaliforniaAugust 19, 20213:15-cv-02287California323 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

10 CHARLES MATTHEW ERHART, Case No. 15-cv-02287-BAS-NLS consolidated with Plaintiff, 15-cv-02353-BAS-NLS

ORDER DENYING EX PARTE

v. APPLICATION TO REMOVE

BOFI HOLDING, INC., DOCUMENT FROM THE

PUBLIC DOCKET AND FILE IT

Defendant. UNDER SEAL (ECF No. 236)

16 And Consolidated Case 17 18 Defendant BofI Holding, Inc. (“BofI”) moves ex parte to remove a declaration and its attachments from the docket to allow BofI to file the information under seal. (ECF No. 236.) BofI’s request is based on orders in a related securities case that do not permit BofI to publicly disclose the identity of certain individuals as “confidential witnesses.” (Id.) Although that may be true, the ex parte application lacks merit. “[T]he cat is out of the bag.” SmithKline Beecham Corp. v. Pentech Pharms., Inc., 261 F. Supp. 2d 1002, 1008 (N.D. Ill. 2003) (Posner, J.). The Court will not seal information that is now publicly…

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