McCoy v. Holguin et al

Filing 185

ORDER GRANTING Defendant's Motion to Redact Previously-Filed Document. ORDER directing Clerk to Redact, Restrict Access, or otherwise Seal Document 34-3, Page 74 179 signed by Magistrate Judge Helena M. Barch-Kuchta on 6/28/2022. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LAKEITH L. MCCOY,

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Plaintiff,
v.
A. HOLGUIN, C. CASILLAS, D. KING,
V. MOORE, J. GONZALES, A.
MARTINEZ, S. LOMAS, O. DELGADO,
E. BARRON, FNU MONTANEZ; FNY
MAYFIELD, FNU MORENO, C.
MARTINEZ, G. ARELLANO, HOLLIS
BENNET,,

Case No. 1:15-cv-00768-DAD-HBK (PC)
ORDER GRANTING DEFENDANT’S
MOTION TO REDACT PREVIOUSLY FILED
DOCUMENT
ORDER DIRECTING CLERK TO REDACT,
RESTRICT ACCESS, OR OTHERWISE
SEAL DOC. 34-3, PAGE 74
(Doc. No. 179)

Defendants.

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Pending before the Court is Defendants’ motion to redact previously-filed document and

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supporting memorandum of points and authorities, filed on February 9, 2022. (Doc. Nos. 179,

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179-1). The Court grants the motion.

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Defendants note that when they filed an opposition to Plaintiff’s discovery motion on

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August 26, 2016, they inadvertently filed discovery related documents that contained personal

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identifying information for Plaintiff, including a social security number and his date of birth in a

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probable cause declaration. (Doc. No. 179-1 at 1-2). Defendants note that Federal Rule of Civil

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Procedure 5.2 directs parties not to file documents containing social security numbers and full

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birthdates. (Id.). Because Defendants inadvertently filed documents containing private

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information for Plaintiff, Defendants request the Court direct the Clerk to redact page 74 of

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docket entry 34-3 so the private information is not available on the public docket. (Id.at 1-2).

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Rule 5.2 governs privacy protections for court filings. Fed. R. Civ. P. 5.2. Local Rule

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140 also provides direction on private data, redactions and sealing. See Local Rule 140 (E.D. Cal.

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2022). A document containing a social security number or birthdate should be redacted before

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filing unless otherwise ordered by the court. Fed. R. Civ. P. 5.2 (a); Local Rule 140(a)(i). Local

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140(b) permits redactions by court order.

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As Defendants recognize, they must comply with Rule 5.2 and Local Rule 140 before
filing documents with the Court. The Court recognizes this time was an inadvertent oversight and

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will request the Clerk’s assistance. Plaintiff’s social security number and birthdate are not

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relevant for purposes of ruling on any matters in this case, but this private information is currently

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available on a public docket. Accordingly, the Court directs the Clerk to redact, seal, or

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otherwise restrict public access to docket entry 34-3 at page 74.

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Accordingly, it is ORDERED:

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1. Defendant’s motion to redact previously filed private information (Doc. No. 179) is

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GRANTED.

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2. The Clerk of Court shall redact, seal, or otherwise restrict public access to Doc. No.
34-3 at page 74 containing Plaintiff’s private information.

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Dated:

June 28, 2022
HELENA M. BARCH-KUCHTA
UNITED STATES MAGISTRATE JUDGE

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