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United States District Court, D. Arizona
December 8, 2017
SolarCity Corporation, Plaintiff,v.Salt River Project Agricultural Improvement and Power District, Defendant.
the Court are Plaintiff SolarCity Corporation's motion to
seal (Doc. 268), and Defendant Salt River Project
Agricultural Improvement and Power District's motion to
seal (Doc. 295). Neither party filed a responsive motion or
requested oral argument. For the following reasons,
Plaintiff's motion (Doc. 268) is granted and
Defendant's motion (Doc. 295) is granted in part and
denied in part.
Legal Standard
as here, parties seek leave to file under seal documents
attached to a dispositive motion, they must show compelling
reasons for doing so. Pintos v. Pac. Creditors
Ass'n, 605 F.3d 665, 678-79 (9th Cir. 2009) (citing
Kamakana v. City & Cty. of Honolulu, 447 F.3d
1172, 1178 (9th Cir. 2006)). The standard is high because the
resolution of a dispute on the merits "is at the heart
of the interest in ensuring the 'public's
understanding of the judicial process and of significant
public events.'" Kamakana, 447 F.3d at
1179 (citation omitted).
Plaintiff's Motion to Seal (Doc. 268)
seeks to file under seal: an unredacted version of its
Renewed Motion for Summary Judgment (Motion); an unredacted
version of its Separate Statement of Undisputed Facts (SSUF);
and unredacted versions of the exhibits cited in the Motion
and the SSUF. (Doc. 268 at 2.) The documents included in this
request fall into three categories, which the Court discusses
in turn.
Plaintiff seeks to seal "certain portions of deposition
transcripts" of two employees because they contain
"highly sensitive business information and trade
secrets." (Id. at 4.) Specifically, these
depositions discuss "strategic pricing decisions and
their effect on internal financial metrics, " the
public disclosure of which Plaintiff argues would give its
competitors an advantage in "determining how to
profitably price their own offerings and better
compete" against Plaintiff. (Id.) Importantly,
because the portions Plaintiff seeks to seal concern service
areas not at issue in this case, disclosure offers limited
assistance to the public in better understanding the judicial
proceedings. See e.g., Aviva USA Corp. v. Vazirani,
902 F.Supp.2d 1246, 1273-74 (D. Ariz. 2012) (finding that
sealing document did not interfere with understanding of the
judicial process because the dispositive motion did not
address information found in that document). The Court
therefore finds that compelling reasons justify sealing these
portions of the identified depositions.
Plaintiff requests that the Court seal portions of its Motion
and SSUF containing private consumer information. Plaintiff
argues that release of this information would result in an
invasion of privacy interests of third parties, and that
consumers' identities should be sealed because disclosure
is not necessary for the public to understand the
parties' positions or the Court's rulings. Plaintiff
notes, correctly, that consumer identities become a matter of
the public record if they testify at trial. The Court finds
that compelling reasons justify sealing the identified
portions of Plaintiff's Motion and SSUF.
at Defendant's request, Plaintiff has lodged under seal a
series of exhibits that Defendant designated as confidential
pursuant to the Court's Protective Order. Plaintiff
"does not agree that th[ese] exhibits should be sealed,
but has agreed to lodge them under seal" in accordance
with the Court's Protective Order and Local Rule 5.6.
(Doc. 268 at 2; Doc. 56.) In turn, Defendant filed a separate
motion to seal these documents, which the Court discusses
Defendant's Motion to Seal (Doc. 295)
seeks to have sealed 20 exhibits that Plaintiff filed in
support of its motion for partial summary judgment, arguing
that these exhibits contain information that "affect[s]
net revenue" and is "not the sort of information
a utility typically makes public." (Doc. 295 at 2-5.)
Defendant offers a brief explanation as to why each exhibit
should be sealed. For example, Defendant argues that Exhibit
8 consists of internal emails discussing pricing decisions
"that necessarily affect" Defendant's net
revenue. (Doc. 295 at 2.) Defendant also argues that Exhibit
9 consists of an internal presentation concerning strategic
decision making that is "related to issues that affect
[Defendant's] overall net revenue." (Id.)
In support of its arguments, Defendant cites four cases in
which business confidentiality and competitive standing have
been deemed sufficient reasons to justify sealing court
records. (Id. (citing Ctr. for Auto Safety v.
Chrysler Grp. LLC, 809 F.3d 1092, 1098 (9th Cir. 2016);
Bean v. Pearson Educ., Inc., No. CV 11-8030-PCT-PGR,
2013 WL 2455930, at *4 (D. Ariz. June 5, 2013); TriQuint
Semiconductor, Inc. v. Avago Techs. Ltd., No. CV
09-1531-PHX-JAT, 2011 WL 4947343, at *2 (D. Ariz. Oct. 18,
2011); Aviva, 902 F.Supp.2d at 1273).)
Court agrees that, in some circumstances, business
confidentiality and competitive standing can be compelling
reasons justifying sealing court records, and acknowledges
that there is some plausibility to Defendant's concerns.
But the Court also has doubts as to the concreteness of the
harm Defendant claims would result from public disclosure of
the documents at issue. For example, Defendant argues that
certain information it seeks to seal is not "the kind
of information a utility would ordinarily make public."
(Doc. 295 at 4.) Simply because information is not ordinarily
made public does not mean its publication necessarily results
in harm. Lawsuits regularly result in the public disclosure
of information that otherwise would remain private. Without a
more specific explanation linking public disclosure with
concrete harm, the Court is left with guesswork.
Defendant's requests seem overbroad. In close cases
involving some degree of conjecture as to the harm that would
result from public disclosure of information, courts may
grant a motion to seal provided that sealing the document
will not interfere with the public's interest in
understanding the judicial process. See Aviva USA
Corp., 902 F.Supp.2d at 1273. The Court, however, has
reviewed the exhibits at issue and finds that the information
contained within is valuable to the public's
understanding of the case.
brings claims under the Sherman Antitrust Act. The central
allegation in this case is that Defendant has monopoly power
over the electrical grid and has used a pricing strategy to
eliminate competition from Plaintiff and other distributed
solar entities by assessing a penalty against customers who
use solar energy systems but still need grid access. (Doc. 39
¶¶ 2, 4.) Plaintiff alleges that this pricing
strategy exploits the practical reality that customers using
solar energy systems are unable to completely disconnect from
the grid. ...
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Justine is playing the role of Consuelo Bulloch, and is using one of Consuelo's brooches to help her feel a connection to the character. But when Bree touches the brooch, she senses that Consuelo wants her help. Not sure what she can do to help either of them, Bree takes both cases, and soon discovers that both her earthly and "spiritual" clients have even more in common than she'd first thought.
During the investigation Bree is introduced to an outcast angel, Dent, who is really one of two detectives from the original case. He needs to seek forgiveness for arresting the man wrongfully convicted and executed for the murder. Between the two of them, the sleuthing duo manages to determine the real killer's identity, but will it be too late to save Justine as well as help Consuelo and Dent achieve their heavenly reward?
Angel's Verdict, author Mary Stanton's fourth novel in her Beaufort and Company Mystery series, is a lively, fast-paced story that will thrill and chill readers as they race through the pages to find out "who dun it." Stanton's creative storytelling is flawless and her inclusion of a spiritual aspect to her mysteries gives the series the novelty edge that pushes them to the forefront of favorite cozy mysteries.
— Sharon Galligar Chance, Fresh Fiction
In Angel's Verdict, a temporal client is Justine Coville, an aging movie actress hired to play the role of a woman (Consuela Bulloch) who may or may not have murdered a young woman in 1950s Savannah. The victim, actress Haydee Quinn, was murdered and a man she knew was executed for the crime. But doubts have been swirling around ever since. Bree winds up hip-deep in the case of an old murder, putting herself in peril. She has the assistance of her celestial helpers, who are amazingly efficient at helping her get to the truth.
I've enjoyed this series from the start. I love the idea that Bree's celestial practice is located in a all murderers' cemetery at 666 Angelus — a street that, not surprisingly, you'll not find on a map of Savannah. Angel's Verdict is well written, with an intriguing premise, an interesting plot — a satisfying yet quick read.
— Cozy Library
There is not as much scary stuff as in the past two books in the series. The first one scared the bejeezus out of me, the second one eased up and this one is only a weensy bit scarey. It's more about the relationship Bree has with her sister and her angels and her clients.
I really enjoyed this read and can't wait til the next one, ANGEL'S VERDICT, out next year. Five angel beans….
— Vixen's Daily Reads
Tully is busy trying to open a theater company and Bree has to deal with a list of peculiar suspects from the artistic world, along with her melodramatic sister who desperately wants to become an actress. She also ends up with a dead body on her doorstep, which does nothing to help her budding romance with a local police lieutenant.
Mary Stanton offers a refreshingly unique take on murder mystery in Avenging Angels. It's a fun read with twists and turns that keep you guessing until the end. There is also a delightful cast of supporting characters, including the angels she works with, her flamboyant sister, and a quirky aunt.
This book can be read as a stand-alone, but you will be missing some of the back story from the previous books in this series, especially the relationships between Bree and her angel companions. The action is fast-paced and makes this a quick and easy read that I'd definitely recommend.
— Clare, TwoLips Reviews]]>

subset: commoncrawl


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paranormal.about.com, says: When my parents took this picture of my brother and me, they could not see that face in the TV at all, so we were all very shocked when we got the picture developed. And the TV was not on.
Real Cavers Share True Ghost Stories
I've written about haunted caves before, but these true stories come from cavers themselves. Settle in and read about the mysteries that lie beneath.
View original post 1,032 more words
The Land's End Light of Beaufort County
I thought this would be a very interesting share
Frogmore, South Carolina is home to the Land's End Light, a mysterious, glowing orb that has frightened residents for generations. Here's the story behind this infamous spook light.
View original post 487 more words
My New Ghosthunting Shirt Came With Instructions
No Faint Hearts in Fort Worth...
Just got my new paranormal investigator shirt in the mail. Although I have yet to make a terrified sprint from an investigation site, I'm sure that day will arrive. Thankfully, the back of my shirt is already prepared for the occasion. (See below – LOL.)
And if you DO happen to see a bunch of ghost hunters running from an abandoned building in the middle of the night (you'll know us by the K2 meters in our hands and the look of panic on our faces), it is probably best to RUN.
I don't have to run fast. I just have to run faster than you.
Castalian Springs TN
Cragfont Mansion is one of the most historic, and least well known pieces of history in Middle Tennessee. Located just off Highway 25 in the Castalian Springs community of Sumner County, TN, Cragfont Mansion was completed in 1802. At the time it was built, it was the greatest house west of the Appalachians. It was owned by James Winchester, of Maryland, who was a prominent citizen of the area, and a brigadier general during the War of 1812, having worked with such well known people as Andrew Jackson. He was also one of the founders of Memphis.
During the Civil War, the house was damaged by Union soldiers. During this time, George Washington Winchester and his son were off fighting for the Confederacy. They were captured in 1863, and imprisoned. During this time, Malvina Winchester kept the plantation going despite very difficult situations. While it was being vandalized by soldiers, many of the slaves were disappearing, either fleeing to Union lines or being kidnapped. When George W. Winchester returned in 1865, the plantation was damaged, but still very much running.
Today, Cragfont Mansion stands as a reminded of a time gone by. Since you're reading about it on this website, you can probably conclude it's believed to be haunted. Indeed, there are many legends of odd occurrences which happen there, which is not surprising considering its long, glorious, and sometimes tragic history. Many people report a high energy level in the area. It is believed that the ghost of James Winchester walks the house at night. I've heard from people who swear they have seen candles burning the windows at night. Other reports state that ghostly figures can sometimes be seen gazing out the window. Others say that the ghost of Malvina haunts the house. Since she worked so hard, and poured so much emotion into the mansion she loved, it seems logical that she might still be looking over the place from beyond the grave. Her hard work might still continue.
Other reports exist of the place being haunted by Civil War soldiers wearing both Blue and Gray, slaves, and others, though the two above seem to have the most reports. Are these stories true, or are they simply legends? If you're ever in the Sumner County area, just stop by and visit the mansion, and judge for yourself!


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Innovative Metal LED Wall Sign 10"W 16"H
Give your favorite wall a whimsical touch as you mount this wall sign. Made from good quality metal it will remain in an undamaged state for a long period of time. Rectangular in shape it has a rustic beige and brown finish. The sign portrays the traffic signs of one way in beige at the center. The LED lights on the arrow sign enhance its look making it a decor worth owning. Fix it on the wall in the living room bedroom hallway or outdoors and you can see the change in the ambiance. It is so well edged that its skillful craftsmanship will win it praises from guests and other visitors paying you a visit.
You can also fix it on the wall in your kitchen or dining area for a quirky look. Easy to mount and maintain you can also recommend it to close ones who would love owning it. So when are you getting it?


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Q&A: How do I make File Explorer default to 'This PC' in Windows 10?
Question from Keith P.: Hi Rick. I have a computer with Windows 10 and I have a question about it.
When I open File Explorer it always shows the "Quick Access" view by default, but I really prefer to see "This PC" instead.
Is there any way to make File Explorer automatically open with "This PC" displayed without having to manually click the link to show it?
Rick's answer: "This PC" is my preferred view as well, Keith. Luckily, all it takes is a simple settings change to make it the default view in File Explorer. Just follow the steps below:
1 – Press the Windows+E key combination to launch File Explorer.
2 – Click the View option on the menu bar.
3 – Click Options over on the far right, then click Change folder and search options.
4 – Make sure the General tab is active, then change the "Open File Explorer to" option to This PC.
5 – Click OK.
That's all there is to it Keith. From now on File Explorer will display the "This PC" view by default instead of "Quick Access".
Bonus tip: This post explains four fast and easy ways to open the 'Settings' app in Windows 10.
Do you have a tech question of your own for Rick? Click here and send it in!
If you think your friends would like this post, I'd love you to share it! Thanks a bunch!
On – 08 Jul, 2017 By


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I recently came across some Sampler Frames as I was cruising Pinterest.
I love, love, LOVE Pinterest for inspiration!
Most of the ideas I found were made to fit a 12X12 frame and usually 9 squares.
I decided to try something smaller and I am really happy with the 5x5 frame size!
Perfect size for shipping too.
After making this one, my brain was already swirling with a hundred other ideas
on making more of these.
This is my first one.
Built for Free Using: My Stampin Blog