3:23-cv-05170
W.D. Wash.Oct 15, 2024Background
- Dale Empey sued his employer, Caliber Holdings, alleging violations of Washington wage law and later added a claim under Washington’s Silenced No More Act (SNMA).
- During settlement talks, including a formal mediation with a confidentiality agreement, Empey alleged further violations based on demands Caliber made regarding nondisclosure provisions.
- Caliber moved to strike these SNMA-related allegations from the Amended Complaint, arguing they disclosed privileged mediation communications under Washington’s Uniform Mediation Act.
- Caliber also sought to seal the Amended Complaint and require future related filings to be sealed.
- Empey opposed both motions and sought to file a supplemental response, which the court addressed as a threshold issue.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Motion to file supplemental response | Allowed to make relevant additional arguments | Supplemental reply improper under local rules | Denied |
| Motion to strike SNMA allegations | Allegations necessary for SNMA claim | References privileged, inadmissible mediation info | Denied |
| Motion to seal Amended Complaint | Public interest in court records, SNMA favors openness | Compelling interest in mediation privilege, confidentiality agreement | Denied without prejudice |
| Applicability of mediation privilege | SNMA requires public scrutiny in employment settlements | Mediation Act and agreement bar disclosure | Competing interests, but denial of seal based on current record |
Key Cases Cited
- Fantasy, Inc. v. Fogerty, 984 F.2d 1524 (9th Cir. 1993) (discussing materiality and pertinence standards under Rule 12(f))
- Whittlestone, Inc. v. Handi-Craft Co., 618 F.3d 970 (9th Cir. 2010) (outlining purpose and narrow grounds for Rule 12(f) motions to strike)
- Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092 (9th Cir. 2016) (compelling reasons standard for sealing judicial records)