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Unopposed Motion to File A Document Under Seal

Joshua M. Sasaki, P.C., OSB No. 964182

josh.sasaki@millernash.com

Jonathan H. Singer, OSB No. 105048

jonathan.singer@millernash.com

MILLER NASH GRAHAM & DUNN LLP

3400 U.S. Bancorp Tower

111 S.W. Fifth Avenue

Portland, Oregon 97204

Telephone: 503.224.5858

Facsimile: 503.224.0155

Sarah R. Anchors (admitted pro hac vice)

sarah.anchors@quarles.com

Quarles & Brady LLP

2 N. Central Ave.

One Renaissance Square

Phoenix, AZ 85004

Telephone: 602.229.5200

Facsimile: 602.229.5690

Attorneys for Defendant ViSalus, Inc.

UNITED STATES DISTRICT COURT

DISTRICT OF OREGON

PORTLAND DIVISION

LORI WAKEFIELD, individually and on 

behalf of all others similarly situated, 

Plaintiff,

vs.

VISALUS, INC., a Nevada corporation,

Defendant.

CV No. 3:15-cv-01857-BR

UNOPPOSED MOTION FOR AN ORDER 

ALLOWING DEFENDANT TO FILE A 

DOCUMENT UNDER SEAL

LR 7.1 CERTIFICATION

The undersigned counsel certifies that they have conferred with counsel for Plaintiff 

about this Unopposed Motion, and is authorized to state that Plaintiff agrees to the requested 

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relief. 

MOTION

Pursuant to Local Rules 3-7(b), 5-5(b), and 26-4(c), as well as the Stipulated Protective 

Order entered on April 14, 2016 (Dkt. 49), Defendant ViSalus, Inc. ("ViSalus") hereby requests, 

without opposition from Plaintiff Lori Wakefield, an order granting ViSalus permission to file 

under seal an unredacted version of its opposition (the "Opposition") to Plaintiff’s Renewed 

Motion and Memorandum in Support of Motion for Class Certification. 

MEMORANDUM OF LAW

Under the protective order in this case, in support of its Opposition, ViSalus is filing 

under seal a retention-of-counsel agreement that Plaintiff designated as confidential, and an 

excerpt of Plaintiff's deposition addressing that document. ViSalus seeks to file under seal an 

unredacted version of the Opposition, as a portion of that brief discusses the foregoing 

confidential retention agreement. 

A party seeking to file under seal "documents produced in discovery" must establish that 

"good cause" exists. A.G. v. Oregon Dep’t of Human Servs. ("DHS"), No. 3:13-CV-1051-AC, 

2014 WL 317016, at *3 (D. Or. Jan. 28, 2014). Good cause is determined by balancing the 

interests of non-disclosure against the need for confidentiality. Kamakana v. City & Cty. of 

Honolulu, 447 F.3d 1172, 1180 (9th Cir. 2006). A Court may enter an Order sealing documents 

so long as it finds that good cause exists and "provides a sufficient explanation of its reasoning 

and the factors it considered." DHS, 2014 WL 317016, at *3.

Good cause exists here because the retention agreement identified above was labeled 

"Confidential" by Plaintiff under the terms of the Stipulated Protective Order. (Dkt. 49.) In 

entering that Order, the Court has already determined that "there is good cause to protect the 

confidential nature of certain information" designated as "Confidential" by the Parties. (Dkt. 49 

at p.8.)

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In compliance with Local Rules 3-7(b), 5-5(b), 26-4(c) and pursuant to the Stipulated 

Protective Order ¶ 4, ViSalus is lodging under seal the unredacted Opposition, and concurrently 

filing a public-record version of the document. Accordingly, ViSalus respectfully requests that 

the Court enter an Order granting ViSalus permission to file the aforementioned unredacted 

version of the Opposition under seal. 

DATED this 24th day of March, 2017.

QUARLES & BRADY LLP

By /s/ Sarah R. Anchors

Sarah R. Anchors (pro hac vice)

sarah.anchors@quarles.com

Telephone: 602.229.5200

Facsimile: 602.229.5690

MILLER NASH GRAHAM & DUNN LLP

Joshua M. Sasaki, P.C., OSB No. 964182

josh.sasaki@millernash.com

Jonathan H. Singer, OSB No. 105048

jonathan.singer@millernash.com

Telephone: 503.224.5858

Facsimile: 503.224.0155

Attorneys for Defendant ViSalus, Inc.

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Certificate of Service

I hereby certify that I served the foregoing on Plaintiff the foregoing document:

Scott F. Kocher

Stephen J. Voorhees

FORUM LAW GROUP LLC

811 S.W. Naito Parkway, Suite 420

Portland, Oregon 97204

Telephone: 503.445.2102

Fax: 503.445.2120

E-mail: scott@forumlawgroup.com

stephen@forumlawgroup.com

Attorneys for Plaintiff

Stefan Coleman

Law Offices of Stefan Coleman, LLC

1309 Jericho Tpke, 2nd Floor

New Hyde Park, NY 11040

Tel: 877.333.9427

Fax: 888.498.8946

E-mail: law@stefancoleman.com

Attorneys for Plaintiff

Rafey S. Balabanian (pro hac vice)

Eve-Lynn Rapp (pro hac vice)

Stewart R. Pollock (pro hac vice)

EDELSON PC

123 Townsend Street, Suite 100

San Francisco, CA 94107

Telephone: 415.212.9300

Fax: 415.373.9435

E-mail: rbalabanian@edelson.com

erapp@edelson.com

rpollock@edelson.com

Attorneys for Plaintiff

by the following indicated method or methods on the date set forth below:

 CM/ECF system transmission.

 E-mail. As required by Local Rule 5.2, any interrogatories, requests for 

production, or requests for admission were e-mailed in Word or WordPerfect 

format, not in PDF, unless otherwise agreed to by the parties.

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 Facsimile communication device.

 First-class mail, postage prepaid.

 Hand-delivery.

 Overnight courier, delivery prepaid.

DATED this 24th day of March, 2017.

/s/ Sarah R. Anchors

Sarah R. Anchors (Pro Hac Vice)

Attorneys for Defendant ViSalus, Inc.

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