Randy Conan, et al v. City of Fontana

Filing 51

MINUTES (IN CHAMBERS) ORDER denying Plaintiffs' Disguised Motion Challenging Confidentiality [Dkt. 49] by Magistrate Judge Kenly Kiya Kato. (dts)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES—GENERAL
Case No.

EDCV 16-1261-KK

Date: March 24, 2017

Title: Randy Conan, et al. v. City of Fontana, et al.

Present: The Honorable KENLY KIYA KATO, UNITED STATES MAGISTRATE JUDGE
DEB TAYLOR

Not Reported

Deputy Clerk

Court Reporter

Attorney(s) Present for Plaintiff(s):

Attorney(s) Present for Defendant(s):

None Present

None Present

Proceedings:

Order Denying Plaintiffs’ Disguised Motion Challenging Confidentiality
[Dkt. 49]

Plaintiffs Randy Conan and Xylina Conan (“Plaintiffs”) filed an “Application for Leave
to File Items Under Seal” (“Application”), wherein they seek to have the Application denied
and “the material deemed public and not protected by any order.” ECF Docket No. (“Dkt.”)
49. The Court finds the Application is a disguised motion challenging Defendants’ designation
of the video from defendant Joshua Patty’s body camera as “Confidential” pursuant to the terms
of the Protective Order issued on December 8, 2016. See dkts. 33, 34.
Pursuant to the terms of the Protective Order, any “application or motion to the Court
challenging a party’s designation of material as confidential material . . . must be brought in strict
compliance with Local Rules 37-1 and 37-2 (including the Joint Stipulation requirement).” Dkt.
33 ¶ 10. Plaintiffs have not complied with Local Rule 37-2, nor does the Application seek leave to
file the video under seal in support of a motion challenging the confidentiality designation.
Hence, the Court denies the Application without prejudice and without lifting the
confidentiality designation. The video shall remain “Confidential” pursuant to the Protective
Order and shall not be filed in the public record until the parties agree otherwise or the Court
issues a different order after a properly filed motion challenging the designation. If Plaintiffs wish
///

Page 1 of 2

CIVIL MINUTES—GENERAL

Initials of Deputy Clerk __

to file the confidential material under seal in support of a motion challenging the confidentiality
designation, they must file an appropriate application pursuant to Local Rule 79-5.2.2(b).
IT IS SO ORDERED.

Page 2 of 2

CIVIL MINUTES—GENERAL

Initials of Deputy Clerk __