Fox et al v. County of Tulare, et al

Filing 169

ORDER re Request to File Exhibits Under Seal re Defendants Leticia Castaneda, Erica Soto, and Ron Castaneda's Motion for Summary Judgment or in the Alternative Summary Adjudication of Issues, signed by District Judge Anthony W. Ishii on 1/22/14. (Gonzalez, R)

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James D. Weakley, Esq.
Bar No. 082853
Leslie M. Dillahunty, Esq. Bar No. 195262

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Weakley & Arendt, LLP
1630 East Shaw Ave., Suite 176
Fresno, California 93710
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendants, Leticia Castaneda, Erica Soto and Ron Castaneda

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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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PAMELA J. FOX, ON BEHALF OF
HERSELF AND AS NEXT FRIEND TO
C.M.R., A MINOR,

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Plaintiffs,
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vs.
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COUNTY OF TULARE, LETICIA
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CASTANEDA, ERICA SOTO, RON
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CASTANEDA, JULIA LANGLEY, CAROL )
HELDING, JOHN ROZUM, STEVEN D.
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ROGERS and DOES 1 to 100, inclusive,
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Defendants.
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CASE NO. 1:11-CV-00520-AWI-SMS
REQUEST TO FILE EXHIBITS UNDER
SEAL RE DEFENDANTS LETICIA
CASTANEDA, ERICA SOTO, AND RON
CASTANEDA’S MOTION FOR SUMMARY
JUDGMENT OR IN THE ALTERNATIVE
SUMMARY ADJUDICATION OF ISSUES
Date: March 3, 2014
Time: 1:30 p.m.
Ctrm: 2
Complaint Filed: 03/24/11
Trial Date: 03/25/14

COME NOW defendants, LETICIA CASTANEDA, ERICA SOTO and RON
CASTANEDA and request that the following exhibits delivered herewith be filed under seal:

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1. Exhibits B – C of the Declaration to the Declaration of Leslie M. Dillahunty in

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Support of Defendants’ Motion for Summary Judgment or in the Alternative

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Summary Adjudication of the Issues. These documents include confidential and

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sealed portions of deposition transcripts in the underlying family law proceedings,

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which are subject to a Protective Order issued June 19, 2012 by the Superior Court

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of California, Tulare County and require that these documents be filed under seal or

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otherwise not be made public. Specifically Exhibit B consists of the excerpts of the
Request to File Exhibits Under Seal re Defendants Leticia Castaneda, Erica Soto and Ron Castaneda Motion for
Summary Judgment or in the Alternative Summary Adjudication of Issues

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September 24, 2013 deposition of Lisbeth Lerma and Exhibit C consists of the

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excerpts of the September 27, 2013 deposition of Natalie Armistead. Questions in

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portions of the depositions entail the investigation of allegations of sexual abuse

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pertaining to a minor. Given the confidential nature of the proceedings, it is

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requested that Exhibits B – C of the Declaration to the Declaration of Leslie M.

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Dillahunty be filed with the court under seal. Attached hereto as Exhibit “1” is a

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true and correct copy of the June 19, 2012 Protective Order.

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2. Exhibits A – H to the Declaration of Gary Kupfer. Exhibits A – H consist of copies

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of records from Tulare County Child Welfare Services, which are subject to the June

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8, 2012 Protective Order issued in the Superior Court of California, Tulare County

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and require that these documents be filed under seal or otherwise not be made

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public. Furthermore, the records pertain to the investigation of allegations of sexual

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abuse pertaining to a minor. Given the confidential nature of the records, it is

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requested that Exhibits A – H to the Declaration of Gary Kupfer be filed with the

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court under seal. Attached hereto as Exhibit “2” is a true and correct copy of the

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June 8, 2012 Protective Order.

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3. Exhibit A to the Declaration of Lydia Suarez. Exhibit A consists of copies of

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records from Tulare County Child Welfare Services, which are subject to the June 8,

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2012 Protective Order issued in the Superior Court of California, Tulare County and

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require that these documents be filed under seal or otherwise not be made public.

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Furthermore, the records pertain to the investigation of allegations of sexual abuse

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pertaining to a minor. See Exhibit “2.”

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4. Exhibits F – O to the Request for Judicial Notice in Support of Motion for Summary

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Judgment or Alternatively Summary Adjudication of Issues. Exhibits F – L consists

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of court documents filed in the underlying family law proceedings and Exhibits M –
Request to File Exhibits Under Seal re Defendants Leticia Castaneda, Erica Soto and Ron Castaneda Motion for
Summary Judgment or in the Alternative Summary Adjudication of Issues

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O consist of transcripts of the proceedings in the underlying family law proceedings.

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The court documents and transcripts pertain to the investigation of allegations of

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sexual abuse pertaining to a minor. Given the confidential nature of the records, it is

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requested that Exhibits F – O to the Request for Judicial Notice be filed with the

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court under seal. See Exhibit “1.”

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Dated: January 21, 2014

WEAKLEY & ARENDT, LLP

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/s/ Leslie M. Dillahunty
Leslie M. Dillahunty,
Attorney for Defendants, Leticia
Castaneda, Erica Soto
and Ron Castaneda

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GOOD CAUSE APPEARING,

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IT IS ORDERED THAT EXHIBITS B – C TO THE DECLARATION OF LESLIE M.

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DILLAHUNTY, EXHIBITS A – H TO THE DECLARATION OF GARY KUPFER,

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EXHIBIT A TO THE DECLARATION OF LYDIA SUAREZ, AND EXHIBITS F – O TO

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THE REQUEST FOR JUDICIAL NOTICE BE FILED UNDER SEAL.

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IT IS SO ORDERED.
Dated:

January 22, 2014
SENIOR DISTRICT JUDGE

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Request to File Exhibits Under Seal re Defendants Leticia Castaneda, Erica Soto and Ron Castaneda Motion for
Summary Judgment or in the Alternative Summary Adjudication of Issues

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PROOF OF SERVICE
I, the undersigned, hereby certify that I am employed in the County of Fresno, State of
California, over the age of eighteen years and not a party to the within action; my business
address is 1630 East Shaw Avenue, Suite 176, Fresno, California 93710.

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On the date set forth below, I placed in a sealed envelope and served a true copy of the
within

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REQUEST TO FILE EXHIBITS UNDER SEAL RE DEFENDANTS LETICIA
CASTANEDA, ERICA SOTO, AND RON CASTANEDA’S MOTION FOR SUMMARY
JUDGMENT OR IN THE ALTERNATIVE SUMMARY ADJUDICATION OF ISSUES

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addressed as follows:

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Andrea M. Miller
Nageley, Meredith & Miller, Inc.
8801 Folsom Blvd., Suite 172
Sacramento, CA 95826
Phone: [phone]
Fax:
[phone]

Michael G. Woods
Deborah Byron
McCormick, Barstow, Sheppard,
Wayte & Carruth, LLP
7647 N. Fresno Street
Fresno, CA 93720
Phone: [phone]
Fax:
[phone]
Email: [e-mail]

Seth Louis Goldstein
Law Offices of Seth Goldstein
2100 Garden Rd., Suite H-8
Monterey, CA 93940
Phone: [phone]
Fax:
[phone]
Email: [e-mail]

Attorneys for Defendants, County of Tulare,
John
E-mail to:
[e-mail]

Attorneys for Plaintiffs, Pamela J. Fox and
C.M.R.

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BY OVERNIGHT MAIL.
I am readily familiar with the business practice at my place of business for collection
and processing of correspondence for overnight delivery with OnTrac Overnight. Such
correspondence will be deposited with a facility regularly maintained by OnTrac for receipt on
the same day in the ordinary course of business.
I declare that I am employed in the office of a member of the bar of this court at whose
direction the service was made. I declare under penalty of perjury that the foregoing is true and
correct, and that this proof of service was executed at Fresno, California, on January 22, 2014.

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/s/ Cynthia Gale
Cynthia Gale

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Request to File Exhibits Under Seal re Defendants Leticia Castaneda, Erica Soto and Ron Castaneda Motion for
Summary Judgment or in the Alternative Summary Adjudication of Issues

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