Carlin et al v. DairyAmerica, Inc. et al

Filing 408

ORDER ON DAIRYAMERICA, INC.'S REQUEST TO SEAL DOCUMENTS AND FILE REDACTED VERSIONS, signed by District Judge Anthony W. Ishii on 4/24/2017. (Kusamura, W)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GERALD CARLIN, JOHN RAHM, PAUL
ROZWADOWSKI and DIANA WOLFE,
individually and on behalf of themselves and
all others similarly situated,

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Plaintiffs,

CASE NO. 1:09-CV-00430 AWI EPG
ORDER ON DAIRYAMERICA, INC.’S
REQUEST TO SEAL DOCUMENTS
AND FILE REDACTED VERSIONS
(Doc. No. 387)

v.
DAIRYAMERICA, INC., and
CALIFORNIA DAIRIES, INC.,
Defendants.

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This matter comes before the Court on Defendant DairyAmerica, Inc.’s (“DairyAmerica”)

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Request to Seal Documents and File Redacted Versions (the “Request”) pursuant to Local Rules

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140 and 141. Having considered the Request, including DairyAmerica’s supplemental briefing

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(Doc. No. 404), the Court will grant in part and deny in part DairyAmerica’s Request.

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On April 14, 2017, the Court requested that DairyAmerica provide supplemental briefing

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on whether information that appeared public on its face should be sealed. Doc. No. 396. On April

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20, 2017, DairyAmerica submitted supplemental briefing explaining that Plaintiffs’ counsel

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designated the materials in question as “CONFIDENTIAL” under the protective order in this case,

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and on that basis, DairyAmerica conditionally submitted the same under seal.1 Doc. No. 404.

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Further, DairyAmerica stated that it has no objection to publicly filing Exhibits E-G and I-L to the

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Declaration of Sanjay M. Nangia (“Nangia Decl.”), and references thereto, which it identifies as:

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1. Exhibit E to the Nangia Decl. is a letter produced by Plaintiff Gerald Carlin directed to
members of the Senate and Congress;

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2. Exhibit F to the Nangia Decl. is a document produced by nonparty the National Family
Farm Coalition (“NFFC”) appearing to be a press release;

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3. Exhibit G to the Nangia Decl. is a document produced by NFFC appearing to be
testimony of Plaintiff Paul Rozwadowski provided at a hearing to review USDA dairy
programs;

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4. Exhibit I to the Nangia Decl. is a document produced by nonparty Peter Hardin
appearing to be the November 2006 issue of The Milkweed;

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5. Exhibit J to the Nangia Decl. is a document produced by Peter Hardin appearing to be
the February 2007 issue of The Milkweed;

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6. Exhibit K to the Nangia Decl. is a document produced by nonparty The Milkweed
appearing to be the March 2007 issue of The Milkweed; and

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7. Exhibit L to the Nangia Decl. is a document produced by Peter Hardin appearing to be
the April 2007 issue of The Milkweed.

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As of the date of this order, Plaintiffs have not filed any response to DairyAmerica’s

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supplemental briefing, nor have Plaintiffs requested permission from the Court to do so.

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Therefore, based on DairyAmerica’s statements to this Court and given the lack of any dispute

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from Plaintiffs, the Court will deny DairyAmerica’s Request to seal Exhibits E-G and I-L to the

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Nangia Decl., including references to same in its opposition brief, but will grant DairyAmerica’s

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Request as to all other information it seeks to file under seal.

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ORDER

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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including references to same in its opposition brief, is DENIED;
2.

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DairyAmerica’s Request to seal Exhibits E-G and I-L to the Nangia Decl.,

DairyAmerica’s Request as to the remaining information it seeks to file under seal

is GRANTED;

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The Court reminds the parties to exercise care when producing documents as “CONFIDENTIAL,” since only
information that qualifies under the appropriate standards should be designated as such.

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seal:

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The Clerk is directed to file unredacted versions of the following documents under

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DairyAmerica’s Opposition to Plaintiffs’ Motion for Leave to File Fourth

Amended Consolidated Class Action Complaint;

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b.

Declaration of Sanjay M. Nangia in Support of DairyAmerica’s Opposition

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to Plaintiffs’ Motion for Leave to File Fourth Amended Consolidated Class Action Complaint,

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including Exhibits A-T;

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c.

Declaration of Jean McAbee in Support of DairyAmerica’s Opposition to

Plaintiffs’ Motion for Leave to File Fourth Amended Consolidated Class Action Complaint,
including Exhibits A-E;

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4.

Upon entry of this Order and after the Clerk has filed the unredacted documents

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under seal, Defendant DairyAmerica will file redacted versions of the above documents directly

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via CM/ECF within ten days from this Order; and

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5.

DairyAmerica shall revise its proposed redactions and file redacted versions of its

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Opposition to Plaintiffs’ Motion for Leave to File Fourth Amended Consolidated Class Action

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Complaint and the Declaration of Sanjay M. Nangia that are consistent with this order.2

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IT IS SO ORDERED.
Dated: April 24, 2017
SENIOR DISTRICT JUDGE

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DairyAmerica has already served counsel for Plaintiffs with copies of the unredacted documents. Only the Court
and its staff shall have access to the unredacted documents.

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