Taylor v. FedEx Freight, Inc.

Filing 20

ORDER re 19 Request to Seal Documents signed by Magistrate Judge Barbara A. McAuliffe on 8/20/2014. (Lundstrom, T)

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1 2 3 4 5 6 7 8 9 10 11 12 13 R. DUANE WESTRUP (State Bar No. 58610) jveloff@westrupassociates.com PHILLIP R. POLINER (State Bar No. 156145) ppoliner@westrupassociates.com CAT N. BULAON (State Bar No. 206612) cbulaon@westrupassociates.com WESTRUP & ASSOCIATES 444 West Ocean Boulevard, Suite 1614 Long Beach, California 90802-4524 Telephone: (562) 432-2551 Facsimile: (562) 435-4856 MICHAEL L. CARVER (State Bar No. 173633) carver@aol.com MICHELLE M. LUNDE (State Bar No. 246585) mlunde@carverlaw.com LABOR LAW OFFICE, APC 1395 Ridgewood Drive, Suite 300 Chico, California 95928 Telephone: (530) 891-8503 Facsimile: (530) 891-8512 Attorneys for Plaintiff ROY D. TAYLOR and the Putative Class UNITED STATES DISTRICT COURT 14 EASTERN DISTRICT OF CALIFORNIA 15 16 ROY D. TAYLOR, on behalf of himself and all others similarly situated, Case No. 13-cv-01137-LJO-BAM CLASS ACTION 17 Plaintiff, 18 v. 19 20 21 22 23 24 25 26 27 28 FEDEX FRIEGHT, INC. an Arkansas Corporation, and DOES 1 through 10, inclusive, Defendants. AMENDED REQUEST TO SEAL DOCUMENTS; ORDER THEREON (Doc. 19) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 In support of his motion for class certification, Plaintiff ROY TAYLOR (“Plaintiff”) intends to file certain documents that Defendant FEDEX FREIGHT, INC. (“FedEX”) has deemed confidential pursuant to the Court’s Protective Order dated February 3, 2014. Pursuant to the Protective Order paragraph 12.3, Plaintiff requests the Court authorize the sealing of the specific documents that FedEx has deemed Protected Material as listed below: 1. Exhibit 2 to Deposition of Jeffrey Scroggins taken on April 2, 2014 (Bates numbers D001833 – D001847). 2. Exhibit 3 to Deposition of Jeffrey Scroggins taken on April 2, 2014 (Bates numbers D002609 – D002622). 3. Exhibit 5 to Deposition of Jeffrey Scroggins taken on April 2, 2014 (Bates numbers D002781 – D002785). 4. Exhibit 9 to Deposition of Jon Barrett taken May 13, 2014 (Bates number 001847). 5. Exhibit 7 to Deposition of Katyna Naylor taken April 2, 2014 (Bates numbers D002910 – D002911). 6. Additionally, Plaintiff seeks to file under seal the “unredacted version” of his Motion for Class Certification, along with the memorandum of points and authorities. 17 18 19 20 21 22 23 Dated: August 13, 2014 WESTRUP & ASSOCIATES LABOR LAW OFFICE, APC By: /s/ Cat N. Bulaon CAT N. BULAON WESTRUP & ASSOCIATES Attorneys for Plaintiff ROY D. TAYLOR 24 25 26 27 28 -1REQUEST TO SEAL DOCUMENTS 1 2 3 4 UNITED STATES DISTRICT COURT 5 EASTERN DISTRICT OF CALIFORNIA 6 7 ROY D. TAYLOR, on behalf of himself and all others similarly situated, 8 Plaintiff, 9 v. 10 11 Case No. 13-cv-01137-LJO-BAM ORDER TO SEALING DOCUMENTS (Doc. 19) FEDEX FRIEGHT, INC. an Arkansas Corporation, and DOES 1 through 10, inclusive, 12 Defendants. 13 14 The Court has read and considered Plaintiffs’ Amended Request to Seal Documents. (Doc. 15 16 17 19.) Plaintiff requests six separate exhibits be sealed, however, exhibits one through five are in fact one exhibit: “Exhibit G.” Thus, the Court considers the propriety of sealing two exhibits, not six. The Court finds good cause to keep under seal the documents deemed Protected Material by 18 19 20 Defendants pursuant to the Protective Order. The Court ORDERS the following documents be placed under seal: 1. 22 23 24 25 26 Plaintiff’s Exhibit G; 2. 21 Plaintiff’s unredacted motion and points and authorities in support of class certification. IT IS SO ORDERED. Dated: August 20, 2014 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 27 28 -1ORDER GRANTING REQUEST TO SEAL DOCUMENTS

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