Erhart
Erhart v. Bofi Holding Inc.
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…