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4829-7313-4187.1 1 Case No. 3:17-cv-00855-WHA (JSC)

JOINT ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL IN SUPPORT OF JOINT 

MOTION FOR PRELIMINARY APPROVAL OF INDIVIDUAL SETTLEMENT

John M. Cowden (State Bar No. 224963)

 jmc@manningllp.com

Jordon Ferguson (State Bar No. 276578)

 jrf@manningllp.com

MANNING & KASS

ELLROD, RAMIREZ, TRESTER LLP

19800 MacArthur Blvd, Suite 900

Irvine, California 92612

Telephone: (949) 440-6690

Facsimile: (949) 474-6991

Attorneys for Defendant,

THE PROPERTY SCIENCES GROUP, INC.

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION

CANDIDA PALEGA,

Plaintiff,

v.

THE PROPERTY SCIENCES GROUP, 

INCORPORATED,

Defendant.

Case No. 3:17-cv-00855-WHA (JSC)

JOINT ADMINISTRATIVE MOTION TO 

FILE DOCUMENTS UNDER SEAL IN 

SUPPORT OF JOINT MOTION FOR 

PRELIMINARY APPROVAL OF 

INDIVIDUAL SETTLEMENT OR, 

ALTERNATIVELY, TO FILE WITH 

REDACTIONS

[Filed and served concurrently with Joint 

Motion for Preliminary Approval of Individual 

Settlement; Declaration of Jordon Ferguson; 

and (Proposed) Order]

Administrative Motion: No Hearing Unless 

Requested

Approval Motion: August 2, 2018

Time: 8:00 a.m.

Courtroom: 12

The Hon. William H. Alsup

Trial Date: October 15, 2018

Defendant The Property Sciences Group, Inc. ("Defendant") and plaintiff Candida Palega

("Plaintiff") jointly submit the following administrative motion in support of their Motion for 

Preliminary Approval of Settlement:

Case 3:17-cv-00855-WHA Document 77 Filed 06/20/18 Page 1 of 7
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4829-7313-4187.1 2 Case No. 3:17-cv-00855-WHA (JSC)

JOINT ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL IN SUPPORT OF JOINT

MOTION FOR PRELIMINARY APPROVAL OF SETTLEMENT

I. INTRODUCTION

Pursuant to Civil Local Rules 79-5 and 7-11 and the Stipulated Protective Order entered by the 

Court on August 29, 2017, the parties jointly submit this Administrative Motion to File Under Seal in 

support of their Motion for Preliminary Approval of Settlement. Pursuant to the Stipulated Protective 

Order, a "Party that seeks to file under seal any Protected Material must comply with civil Local Rule 

79-5." (Doc. No. 43, ¶ 12.3.) 

Pursuant to Civil Local Rule 79-5(e), Defendant has conditionally filed under seal a document 

which has been designated Confidential by the parties, or which contains or references information so 

designated. Specifically, Defendant has conditionally filed under seal the Confidential Settlement 

Agreement and Full Release of All Claims between the parties. A material term to the parties reaching 

a settlement was the inclusion of a confidentiality provision that prohibits the disclosure, 

dissemination, and/or publicizing or causing or permitting such action regarding any of the terms of 

the Agreement. 

This request is made on the grounds that the Settlement Agreement is a confidential document.

Such an order would enable the parties to enforce the terms of the settlement without violating the 

express confidentiality provision agreed to therein. Moreover, this confidentiality provision is 

essential given the existence of a currently-pending class action against Defendant alleging a nearly 

identical putative class and claims to those asserted by Plaintiff in this action. See Donald Mass, et al. 

v. The Property Sciences Group, Inc., Los Angeles Superior Court Case No. BC699728.

II. ARGUMENT

Civil Local Rule 7-11 expressly permits motions for administrative relief to file confidential 

documents under seal. A district court has broad discretion to maintain documents under seal for good 

cause. Nixon v. Warner Comm., Inc., 435 U.S. 589, 598 (1978) ("[e]very court has supervisory power 

over its own records and files"); Hagestad v. Tragesser, 49 F.3d 1430, 1433-34 (9th Cir. 1995) (courtfiled documents may be sealed if there is a risk they may be used for improper purposes). 

The foregoing request for an Order allowing the parties' Confidential Settlement Agreement 

and Full Release of All Claims to be filed under seal is based on good cause. It is undisputed that the 

parties expressly agreed to keep the terms of this settlement confidential with an accompanying 

Case 3:17-cv-00855-WHA Document 77 Filed 06/20/18 Page 2 of 7
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4829-7313-4187.1 3 Case No. 3:17-cv-00855-WHA (JSC)

JOINT ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL IN SUPPORT OF JOINT

MOTION FOR PRELIMINARY APPROVAL OF SETTLEMENT

liquidated damages provision for any violation. (Declaration of Jordon R. Ferguson, ¶ 2-5.) As such, 

the parties specifically bargained for this confidentiality provision and consider it material to their 

agreement. Moreover, the terms of the settlement agreement do not concern matters of legitimate 

public interest. Therefore, if filed with the Court, the documents should be filed under seal. Pansy v. 

Borough of Stroudsburg, 23 F.3d 772, 788 (3rd Cir. 1994) ("if a case involves private litigants, and 

concerns matters of little legitimate public interest, that should be a factor weighing in favor of 

granting or maintaining an order of confidentiality").

The parties are separately filing a Joint Motion for Preliminary Approval of Individual 

Settlement, pursuant to Lynn's Food Stores, Inc. v. United States, 679 F.2d 1350, 1352-55 (11th Cir. 

1982) and its progeny. Lynn's Foods requires that claims for back wages arising under the Fair Labor 

Standards Act may be settled or compromised only with the approval of a court or the Department of 

Labor. Accordingly, the Court must review the Settlement Agreement. However, the confidentiality of 

parties' settlement agreement will inevitably be compromised if regularly filed. The parties' interest in 

maintaining the confidentiality of the settlement amount here outweighs any interest in public 

disclosure. The Motion is narrowly tailored to promote the parties' interests. (Ferguson Decl., ¶ 4.) 

Therefore, the parties request that the Court grant this request to file the Confidential Settlement 

Agreement and Full Release of All Claims under seal.

Alternatively, if the Court is not inclined to grant the parties' request, the parties respectfully 

request that the Court allow the parties to file the Confidential Settlement Agreement and Full Release 

of All Claims with the monetary sections redacted and to file under seal the monetary amounts stated 

in the Confidential Settlement Agreement and Full Release of All Claims. (Ferguson Decl., ¶ 5.)

III. CONCLUSION

For the foregoing reasons, the parties respectfully request that the Court grant their joint 

administrative motion and seal the Confidential Settlement Agreement and Full Release of All Claims 

between the parties. 

Alternatively, if the Court is not inclined to grant the parties' request, the parties respectfully 

request that the Court allow the parties to file the Confidential Settlement Agreement and Full Release 

of All Claims with the monetary sections in the Second Paragraph and the Eighth Paragraph redacted. 

Case 3:17-cv-00855-WHA Document 77 Filed 06/20/18 Page 3 of 7
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4829-7313-4187.1 4 Case No. 3:17-cv-00855-WHA (JSC)

JOINT ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL IN SUPPORT OF JOINT

MOTION FOR PRELIMINARY APPROVAL OF SETTLEMENT

DATED: June 20, 2018 MANNING & KASS

ELLROD, RAMIREZ, TRESTER LLP

By: /s/ Jordon R. Ferguson

John M. Cowden

Jordon R. Ferguson

Attorneys for Defendant,

THE PROPERTY SCIENCES GROUP, INC.

DATED: June 20, 2018 KENNEDY HODGES, LLP

By: /s/ William Hogg

Galvin Kennedy

William Hogg

Attorneys for Plaintiff,

CANDIDA PALEGA

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4829-7313-4187.1 1 Case No. 3:17-cv-00855-WHA (JSC)

DECLARATION OF JORDON FERGUSON

DECLARATION OF JORDON FERGUSON

I, Jordon R. Ferguson, declare and state as follows: 

1. I am adult over 18 years of age. I am an attorney duly licensed to practice before the 

State of California (Bar No. 276578) and this Court and am an Associate Attorney with the law firm 

of Manning & Kass, Ellrod, Ramirez, Trester LLP, attorneys of record for defendant The Property 

Sciences Group, Inc. ("PSG") in the lawsuit of Palega, et al. v. The Property Sciences Group, Inc., 

United States District Court Case No. 3:17-cv-00855-WHA (JSC) (the "Action"). I have knowledge of 

how the documents and case files are maintained and kept in the ordinary course of business in the 

Irvine, CA office of Manning & Kass. The exhibits attached hereto and incorporated herein by 

reference are true and correct copies of the documents located in my office case files for this action 

and are maintained and kept in the ordinary course of business. The following is based upon either my 

personal experience or upon the records maintained by my office and, if called as a witness, I could 

and would testify competently thereto. I make this declaration regarding the parties' Joint 

Administrative Motion To File Documents Under Seal In Support Of Motion For Preliminary 

Approval Of Settlement Or, Alternatively, To File With Redactions. 

2. On May 16, 2018, PSG and plaintiff Candida Palega ("Plaintiff") (collectively, the 

"Parties") attended a full day mediation with Louis Marlin, Esq. at JAMS. This mediation followed 

extensive investigation and discovery. Ultimately, the parties reached a settlement in this matter and 

entered into a Confidential Settlement Agreement and Full Release of All Claims. This Agreement is 

subject to the Parties' Stipulated Protective Order. 

3. The Parties expressly agreed that the settlement between them would be subject to a 

confidentiality provision that prohibits the disclosure, dissemination, and/or publicizing or causing or 

permitting such action regarding any of the terms of the Agreement. That confidentiality clause 

expressly included a liquidated damages provision per violation. This Agreement is thus sealable.

4. The Parties' interest in maintaining the confidentiality of the settlement agreement's 

provisions outweighs any interest in public disclosure. Moreover, the administrative motion is 

narrowly tailored to promote the Parties' interests. Indeed, the Parties are separately filing a Joint 

Motion for Preliminary Approval of Individual Settlement. 

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4829-7313-4187.1 2 Case No. 3:17-cv-00855-WHA (JSC)

DECLARATION OF JORDON FERGUSON

5. To the extent that the Court is not inclined to grant the Parties' request to seal the 

Confidential Settlement Agreement and Full Release of All Claims, the monetary provisions included 

in the Second Paragraph and the Eighth Paragraph should be redacted. 

6. Counsel for Plaintiff and I met and conferred on the issue of an administrative motion 

to file under seal starting on June 18, 2018. The Parties jointly file this motion. 

7. A true and correct copy of the Confidential Settlement Agreement and Full Release of 

All Claims between the Parties is attached hereto as Exhibit A and has been filed under seal with the 

Court pursuant to Civil Local Rules 7-11 and 79-5, pending the resolution of the Parties' sealing 

motion. 

I declare under penalty of perjury under the laws of the United States of America and the state 

of California that the foregoing is true and correct.

Executed on this 20th day of June, 2018, in Irvine, California.

MANNING & KASS

ELLROD, RAMIREZ, TRESTER LLP

By: /s/ Jordon R. Ferguson

Jordon R. Ferguson

Attorneys for Defendant,

THE PROPERTY SCIENCES GROUP, INC.

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4829-7313-4187.1 Case No. 3:17-cv-00855-WHA (JSC)

ORDER

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION

CANDIDA PALEGA,

Plaintiff,

v.

THE PROPERTY SCIENCES GROUP, 

INCORPORATED,

Defendant.

Case No. 3:17-cv-00855-WHA (JSC)

(PROPOSED) ORDER GRANTING JOINT 

ADMINISTRATIVE MOTION TO FILE 

DOCUMENTS UNDER SEAL IN SUPPORT 

OF JOINT MOTION FOR PRELIMINARY 

APPROVAL OF INDIVIDUAL 

SETTLEMENT OR, ALTERNATIVELY, 

TO FILE WITH REDACTIONS

The Hon. William H. Alsup

Trial Date: October 15, 2018

The Joint Administrative Motion to File Documents Under Seal In Support of Joint Motion 

For Preliminary Approval of Individual Settlement filed by Candida Palega and The Property Sciences 

Group, Inc., and its supporting documents have been considered by this Court and, for good cause 

appearing, the Court orders as follows:

(1) The motion is granted in its entirety; and

(2) The Confidential Settlement Agreement and Full Release of All Claims between 

Candida Palega and The Property Sciences Group, Inc. shall be sealed.

IT IS SO ORDERED.

Date:

Hon. William H. Alsup

U.S. District Court Judge

Case 3:17-cv-00855-WHA Document 77 Filed 06/20/18 Page 7 of 7