Figueroa, et al. v. City of Fresno

Filing 52

ORDER DENYING Defendants' Request to File Sealed Documents (Doc. 51). signed by Magistrate Judge Barbara A. McAuliffe on 7/29/2016. (Herman, H)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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AURORA FIGUEROA, et al.,

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Plaintiffs,
v.

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CITY OF FRESNO, et al.,

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Defendants.

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Case No.: 1:15-cv-00349-DAD-BAM
ORDER DENYING DEFENDANTS’ REQUEST
TO FILE SEALED DOCUMENTS
(Doc. 51)

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Currently pending before the Court is Defendants City of Fresno, Officer Alvarez, and Officer

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Clement’s request to file their Expert Designation and Report under seal. Doc. 51. Having considered

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Defendants’ papers, the request shall be denied. Defendants have not explained why they intend to

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file the Expert Designation and Report with the Court. It does not appear that Defendants presently

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intend to file the expert designation and report in conjunction with, or as attachments to, a dispositive

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or non-dispositive motion or in response to a court order. Rather, it appears that Defendants seek to

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file their expert designation and report made pursuant to Federal Rule of Civil Procedure 26 during the

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course of discovery. See Docs. 48, 51. Rule 26(a)(2) only requires that the disclosures be made to the

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other parties. Fed. R. Civ. P. 26(a)(2)(A) (“In addition to the disclosures required by Rule 26(a)(1), a

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party must disclose to the other parties the identity of any witness it may use at trial to present

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evidence under Federal Rule of Evidence 702, 703, or 705.”) (emphasis added). Expert designations

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and reports exchanged between the parties are not routinely filed with the Court during discovery.
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Defendants also have failed to provide sufficient information warranting a sealing order. Local

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Rule 141 requires that the request to seal documents “set forth the statutory or other authority for

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sealing, the requested duration, the identity, by name or category, of persons to be permitted access to

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the documents, and all other relevant information.” Local Rule 141(b). Defendants have not complied

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with these requirements.

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For these reasons, Defendants’ request to file their Expert Designation and Report under seal is
DENIED WITHOUT PREJUDICE.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

July 29, 2016

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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