Villery v. Jones et al

Filing 176

ORDER GRANTING Plaintiff's 166 Motion to File Documents Under Seal; ORDER DENYING Motion to Modify Protective Order signed by Magistrate Judge Helena M. Barch-Kuchta on 3/1/2022. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JARED M. VILLERY,

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Plaintiff,

Case No. 1:15-cv-01360-DAD-HBK
ORDER GRANTING PLAINTIFF’S MOTION
TO FILE DOCUMENTS UNDER SEAL

v.
JAY JONES, ET. AL.,
Defendants.

ORDER DENYING MOTION TO MODIFY
PROTECTIVE ORDER
(Doc. No. 166)

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Pending before the Court is Plaintiff’s motion to file documents under seal, or in the

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alternative to modify the protective order. (Doc. No. 166, “Motion”). Defendant filed a response

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stating they had no opposition to Plaintiff’s request to file specified exhibits under seal but

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objecting to any modification of the protective order. (Doc. No. 172). For the reasons discussed

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below, the Court grants Plaintiff’s Motion to the extent Plaintiff’s specified exhibits appended to

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his Motion shall be filed under seal. The Court, otherwise, denies Plaintiff’s Motion to the extent

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he seeks to modify the operable protective order.

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As background, Plaintiff initiated this action pro se by filing a civil rights complaint under

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42 U.S.C. § 1983. (Doc. No. 1). Defendants Yerton, Schmidt, Escarcega, and Jones moved for

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summary judgment. (Doc. No. 129). Plaintiff filed an opposition to the motion for summary.

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(Doc. No. 164). In the instant Motion, Plaintiff seeks permission to file certain exhibits under

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seal that support his opposition to the Defendants’ summary judgment motion. (See generally

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Doc. No. 166). Defendants do not oppose sealing the exhibits and point to the protective order,

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specifically paragraphs 3, 7-8 in support. (Doc. No. 172 at 2). Defendants, however, object to

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any changes to the protective order arguing Plaintiff has not shown the necessary good cause to

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modify the protective order and explaining their reliance on the protective order. (Id. at 2-3).
The Court finds Defendants’ argument well taken. The protective order provides for

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sealing documents that are confidential. Plaintiff seeks to file transcripts of CDCR internal affairs

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investigations and a CDCR memorandum dated July 11, 2014. The parties agree these

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documents are confidential and are covered under the protective order in place. The Court thus

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will direct these documents be sealed.

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In contrast, Plaintiff has failed to provide good cause to modify the protective order. Intel

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Corp. v. VIA Technologies, Inc., 198 F.R.D. 525, 528 (N.D. Cal. 2000). Plaintiff fails to explain

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specific prejudice or harm to his case if the protective order is not modified. Instead, Plaintiff

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offers only speculation that the documents may be used at trial. Speculation of future revelation

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is not sufficient grounds to modify a protective order. CBS Interactive Inc. v. Etilize, Inc. 257

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F.R.D. 195, 201 (N.D. Cal. 2009). Because Plaintiff has failed to articulate any specific prejudice

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or harm that will result from the failure to modify the protective order and Defendants relied upon

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the protective order in providing certain sensitive internal documents, the Court denies Plaintiff’s

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motion to modify the protective order. Beckman Indus., Inc. v. Int'l Ins. Co., 966 F.2d 470, 475

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(9th Cir. 1992) (recognizing reliance of party opposing must be considered before modifying

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protective order).

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Accordingly, it is ORDERED:

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Plaintiff’s motion for to seal (Doc. No. 166) is GRANTED to the limited extent the Clerk

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is directed to file under seal the following exhibits appended to Plaintiff’s Motion: Exhibits 10,

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28, 36, and 37. Plaintiff’s motion to modify the protective order (Doc. No. 166) is DENIED.

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Dated:

March 1, 2022
HELENA M. BARCH-KUCHTA
UNITED STATES MAGISTRATE JUDGE

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