Ellsworth v. Prison Health Services Incorporated et al

Filing 161

ORDER, Defendants' 9/5/13 letter request is denied; the 1/4/13 order 127 is to be sealed. Signed by Senior Judge Robert C Broomfield on 9/12/13. (REW)

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1 WO 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE DISTRICT OF ARIZONA 9 10 11 12 James Jackson Ellsworth, 13 14 Plaintiff, vs. 15 Prison Health Services, Inc., et al. 16 Defendants. 17 ) ) ) ) ) ) ) ) ) ) ) No. CV 11-8070-PCT-RCB(MEA) O R D E R 18 19 The court is in receipt of defendant Prison Health 20 Services’ September 5, 2013, letter request, which indicates 21 that a copy has been provided to plaintiff pro se Ellsworth. 22 Pursuant to Fed.R.Civ.P. 60(a), the defendant is requesting 23 that the court modify its January 4, 2013 order (Doc. 127), by 24 striking a portion thereof. The basis for this request is the 25 reference in that order to exhibits which this court 26 previously order to be stricken. See Ord. (Doc. 110). 27 Further, the defendants are seeking to have the court request 28 that Westlaw and Lexis replace that January 4, 2013 order with 1 2 the modified order which they are seeking. The court declines to modify its prior order, but it will 3 direct the sealing of that order. 4 will contact both Westlaw and Lexis and insure that the 5 January 4, 2013 order is removed from their respective 6 electronic databases. Additionally, the court 7 Accordingly, the court HEREBY ORDERS that: 8 (1) defendants’ September 5, 2013 letter request is 9 DENIED; and 10 (2) the January 4, 2013 order (Doc. 127) be SEALED. 11 DATED this 12th day of September, 2013. 12 13 14 15 16 17 18 Copies to counsel of record and plaintiff pro se 19 20 21 22 23 24 25 26 27 28 -2-

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