Michael Terpin v. AT and T Inc et al

Filing 215

ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S APPLICATION TO SEAL #191 AND DENYING AS MOOT PLAINTIFF'S APPLICATION TO SEAL #185 by Judge Otis D. Wright, II. The Court GRANTS IN PART Plaintiff's Application to File Documents Under Seal, only to the extent expressly granted in the right column of the table attached to this order in Attachment A. The materials and portions of materials listed in the right column of that table may be redacted and filed under seal. The Application is otherwise DENIED. (ECF No. 191.) Plaintiff's initially filed application to seal is DENIED AS MOOT. (ECF No. 185.) Pursuant to Local Rule 79-5.2.2(b)(ii), to the extent the Court herein denies Plaintiff's Application to Seal, Plaintiff "may file the document in the public case (i.e., unsealed) no earlier than 4 days, and no later than 10 days, after the Application is denied." Pursuant to Local Rule 79-5.2.2(c), to the extent the Court herein grants Plaintiff's Application to Seal, Plaintiff MUST now file the approved document with whatever motion or other document the under-seal filing is intended to support." "The Clerk will not convert the PROPOSED sealed document submitted with the Application into a new filing." Id.See Attachment A to Order Re Plaintiff's Application. (lom)

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United States District Court
Central District of California

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MICHAEL TERPIN,

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Case No. 2:18-cv-06975-ODW (KSx)

Plaintiff,
v.
AT&T MOBILITY, LLC, et al.,
Defendants.

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ORDER GRANTING IN PART AND
DENYING IN PART PLAINTIFF’S
APPLICATION TO SEAL [191] AND
DENYING AS MOOT PLAINTIFF’S
APPLICATION TO SEAL [185]

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The Court has carefully reviewed the documents and portions of documents

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Plaintiff proposes to file under seal as well as Plaintiff’s and Defendant’s supporting

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Declarations. The Court has received no declarations from third parties in support of

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sealing. The Court GRANTS IN PART Plaintiff’s Application to File Documents

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Under Seal, only to the extent expressly granted in the right column of the table

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attached to this order in Attachment A. The materials and portions of materials listed

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in the right column of that table may be redacted and filed under seal.

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Application is otherwise DENIED.

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application to seal is DENIED AS MOOT. (ECF No. 185.)

(ECF No. 191.)

The

Plaintiff’s initially filed

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With respect to the Court’s denial of Plaintiff’s Application as to Exhibit 41,

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which Plaintiff designates as confidential, Plaintiff fails to establish that the entire

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document must be filed under seal and fails to propose redactions for the Court’s

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review. With respect to the Court’s denial of Plaintiff’s Application as to Exhibit 42,

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which Defendant designates as confidential, Defendant fails to establish that the entire

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document must be filed under seal and fails to propose redactions for the Court’s

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review. Because substantial portions of these exhibits are not subject to sealing, and

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the parties fail to propose appropriate redactions, the request to file Exhibits 41 and 42

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is denied.

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Pursuant to Local Rule 79-5.2.2(b)(ii), to the extent the Court herein denies

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Plaintiff’s Application to Seal, Plaintiff “may file the document in the public case (i.e.,

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unsealed) no earlier than 4 days, and no later than 10 days, after the Application is

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denied.” Pursuant to Local Rule 79-5.2.2(c), to the extent the Court herein grants

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Plaintiff’s Application to Seal, Plaintiff MUST now file the approved “document with

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whatever motion or other document the under-seal filing is intended to support.” “The

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Clerk will not convert the PROPOSED sealed document submitted with the

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Application into a new filing.” Id.

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See Attachment A to Order Re Plaintiff’s Application.

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IT IS SO ORDERED.

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February 24, 2023

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____________________________________
OTIS D. WRIGHT, II
UNITED STATES DISTRICT JUDGE

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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WESTERN DIVISION

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MICHAEL TERPIN,
Plaintiff,
v.
AT&T MOBILITY, LLC; and
DOES 1-25,

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Defendants.

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Case No. 2:18-cv-06975-ODW-KS
[Assigned to The Hon. Otis D. Wright II]
ATTACHMENT A TO
ORDER RE PLAINTIFF’S
APPLICATION TO FILE
DOCUMENTS UNDER SEAL [191]
[Local Rule 79-5.2.2(b)]

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[PROPOSED] ORDER GRANTING
PLAINTIFF’S APPLICATION TO FILE
UNDER SEAL [L.R. 79-5.2.2(B)]
83764-00002/4695965.1

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Pursuant to Rule 79-5 of the Local Rules of this Court, and after considering

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the Application to File Documents Under Seal of Plaintiff Michael Terpin and other

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submissions by the parties, and for good cause shown, IT IS HEREBY ORDERED

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THAT the following documents shall be filed under seal as follows:

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Document

Sealed Portion 1

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Plaintiff Michael Terpin’s

Page 1, line 8; page 2,

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Opposition to the Motion for

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Summary Judgment and

Order

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GRANTED IN
lines 1-2; page 3, line 19- PART,
only to the extent
20, 28; page 4, lines 1-14; the Memorandum
25-28; page 5, lines 1-16, references those
portions of the
n. 2; page 6, lines 7-9, 20- below listed exhibits
21, 26-28; page 7, line 1- the Court
herein approves for
20; page 8 lines 1-4, 5-9, filing under seal.

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11-21; page 9 lines 1-20;

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page 13, lines 11-12; page

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15, lines 26-27; page 16,

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lines 16-19, 20-21, 22-24;

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page 16 lines 16-19, 20-

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21, 22-24; page 19, lines

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1-3; page 20, lines 7-8;

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page 21, lines 18-23; page

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22, lines 6-7, 10-14, and

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n. 5 lines 22-24.

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Memorandum of Points and

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Authorities in Support Thereof.

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Plaintiff Michael Terpin’s
Statement of Genuine
Disputes of Disputes of
Material Facts (and

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Part I: Plaintiff’s
Supporting Evidence
disputing Defendant’s

GRANTED IN
PART,
only to the extent
the Memorandum

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Portions of lines to be redacted are marked in the proposed redacted documents
filed with the Declaration in support of the under seal filing.
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83764-00002/4695965.1

[PROPOSED] ORDER GRANTING
PLAINTIFF’S APPLICATION TO FILE
UNDER SEAL [L.R. 79-5.2.2(B)]

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Conclusions of Law) in
Opposition to AT&T’s
Motion for Summary
Judgment.

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PF 27-41; PF 46-49; PF

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61-72; PF 78-79; PF 82-

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120; PF 125-126; PF 129-

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141; PF 144-145; PF 148-

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172.
Exhibit 1 to Declaration of

19:21-20: 25; 50:11-25;

Timothy J. Toohey (“Toohey

132:22-133:16

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DENIED

Decl.” [Deposition Transcript of
Peter Coulter]
Exhibit 2 to Toohey Decl.

11:23-12:2; 43:25-44:8;

[Deposition Transcript of Ray

135:5-15; 166:4-15;

Hill]

167:19-21; 169:23-

GRANTED IN
PART, as to
Pages 0022-23,
0025-27, and 0031

170:21; 187:1-13; 211:

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21; UF 28; UF 34.

references those
portions of the
below listed
exhibits the Court
herein approves for
filing under seal.

Plaintiff’s Facts (“PF”):

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UF 25; UF 26 lines 13Part II: Additional

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facts: UF 22, lines 3-8;

23-213:11; 214:8-24
Exhibit 4 to Toohey Decl.

19:17-22; 22:12-19;

[Deposition Transcript of Prime

140:18-141:23; 143:2-5;

Communications, LP (Amy

147:3-9; 161:19-162:3;

Milberger)]

177:2-17

Exhibit 5 to Toohey Decl.

16:7-16; 29:25-30:7;

[Deposition Transcript of

47:12-15; 49:4-13; 57:18-

Joseph Morella]

58:9; 82:12-16; 94:12-25;
95:16-20; 98:16-99:2;

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83764-00002/4695965.1

DENIED

GRANTED IN
PART, as to
Pages 0068-81,
0084-92

[PROPOSED] ORDER GRANTING
PLAINTIFF’S APPLICATION TO FILE
UNDER SEAL [L.R. 79-5.2.2(B)]

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100:16-101:1; 102:12-

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103:4; 108:8-110:13;

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127:19-25; 176:17-177:8;

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179:16-25; 270:21-24;

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271:16-23
Exhibit 6 to Toohey Decl.

18:8-15; 18:24-19:14;

[Deposition Transcript of Ellis

20:1-7; 20:10-15; 21:6-

Pinsky]

18; 21:21; 22:25-24:15;
24:25-25:10; 25:20-26:3;

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26:13-25; 27:13-22; 29:5-

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30:1; 63:12-24; 66:23-

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67:3; 75:12-24; 78:16-22;

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80:16-23; 120:1-121:10;

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122:2-8; 122:21-123:1;

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131:10-14; 132:13-17;

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133:5-13; 138:9-17;

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DENIED

139:1-6; 147:1-9
Exhibit 9 to Toohey Decl.

All

Granted

Exhibit 13 to Toohey Decl.

All

Granted

Exhibit 15 to Toohey Decl.

All

Granted

Exhibit 16 to Toohey Decl.

All

Granted

Exhibit 17 to Toohey Decl.

All

Granted

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83764-00002/4695965.1

[PROPOSED] ORDER GRANTING
PLAINTIFF’S APPLICATION TO FILE
UNDER SEAL [L.R. 79-5.2.2(B)]

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Exhibit 19 to Toohey Decl.

All

Granted

Exhibit 20 to Toohey Decl.

All

Granted

Exhibit 21 to Toohey Decl.

All

Granted

Exhibit 22 to Toohey Decl.

All

Granted

Exhibit 23 to Toohey Decl.

All

DENIED

Exhibit 24 to Toohey Decl.

All

Exhibit 25 to Toohey Decl.

All

DENIED - email
and phone number
may be redacted
DENIED - email
and phone number
may be redacted

Exhibit 26 to Toohey Decl.

All

Granted

Exhibit 27 to Toohey Decl.

All

DENIED

Exhibit 28 to Toohey Decl.

All

Granted

Exhibit 29 to Toohey Decl.

All

Granted

Exhibit 30 to Toohey Decl.

All

Granted

Exhibit 31 to Toohey Decl.

All

Granted

Exhibit 32 to Toohey Decl.

All

Granted
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83764-00002/4695965.1

[PROPOSED] ORDER GRANTING
PLAINTIFF’S APPLICATION TO FILE
UNDER SEAL [L.R. 79-5.2.2(B)]

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Exhibit 33 to Toohey Decl.

All

Granted

Exhibit 34 to Toohey Decl.

All

Granted

Exhibit 35 to Toohey Decl.

All

Granted

Exhibit 37 to Toohey Decl.

All

DENIED

Exhibit 38 to Toohey Decl.

All

DENIED

Exhibit 40 to Toohey Decl.

All

DENIED

Exhibit 41 to Toohey Decl.

All

DENIED

Exhibit 42 to Toohey Decl.

All

DENIED

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83764-00002/4695965.1

[PROPOSED] ORDER GRANTING
PLAINTIFF’S APPLICATION TO FILE
UNDER SEAL [L.R. 79-5.2.2(B)]