Mack v. California Department of Corrections and Rehabilitation et al

Filing 25

ORDER GRANTING 18 and 19 Request to Seal the Summonses, the Complaint and First Amended Complaint; ORDER REQUIRING Plaintiff to File a Redacted Copy of the Complaint, First Amendment, Complaint and Summonses, signed by Magistrate Judge Jennifer L. Thurston on 02/16/2016. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JEROME J. MACK,
Plaintiff,

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v.
CALIFORNIA DEPT. OF CORRECTIONS
AND REHABILITATION, et al.,

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Defendants.
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Case No.: 1:15-cv-01600 --- JLT
ORDER GRANTING REQUEST TO SEAL THE
SUMMONSES THE COMPLAINT AND FIRST
AMENDED COMPLAINT; ORDER REQUIRING
PLAINTIFF TO FILE A REDACTED COPY OF
THE COMPLAINT, FIRST AMENDMENT
COMPLAINT AND SUMMONSES
(Docs. 18, 19)

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When Plaintiff initiated this action, he represented himself. (Doc. 14) Out of a lack of

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awareness that he need not include his home address on his filings, he set forth his home address on

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nearly all of his filings. Now he has become concerned about having done this due to the fact that he is

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a correctional officer and allowing his home address to become known to inmates places him at risk

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that they or their associates may more easily locate him to do him harm. (Docs. 18, 19) Thus, he

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seeks an order sealing the documents that contain his home address. Id. Specifically, he seeks to seal

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the complaint, the first amended complaint and the summonses.

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The request to seal documents is controlled by Federal Rule of Civil Procedure 26(c). The

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Rule permits the Court to issue orders to “protect a party or person from annoyance, embarrassment,

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oppression, or undue burden or expense, including . . . requiring that a trade secret or other

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confidential research, development, or commercial information not be revealed or be revealed only in
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a specified way.” Only if good cause exists may the Court seal the information from public view after

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balancing “the needs for discovery against the need for confidentiality.’” Pintos v. Pac. Creditors

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Ass’n, 605 F.3d 665, 678 (9th Cir. Cal. 2010) (quoting Phillips ex rel. Estates of Byrd v. Gen. Motors

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Corp., 307 F.3d 1206, 1213 (9th Cir. 2002)).

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Generally, documents filed in civil cases are presumed to be available to the public. EEOC v.

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Erection Co., 900 F.2d 168, 170 (9th Cir. 1990); see also Kamakana v. City and County of Honolulu,

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447 F.3d 1172, 1178 (9th Cir.2006); Foltz v. State Farm Mut. Auto Ins. Co., 331 F.3d 1122, 1134 (9th

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Cir.2003). Documents may be sealed only when the compelling reasons for doing so outweigh the

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public’s right of access. EEOC at 170. In evaluating the request, the Court considers the “public

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interest in understanding the judicial process and whether disclosure of the material could result in

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improper use of the material for scandalous or libelous purposes or infringement upon trade secrets.”

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Valley Broadcasting Co. v. United States District Court, 798 F.2d 1289, 1294 (9th Cir. 1986).

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As noted above, Plaintiff seeks to seal documents that list his home address on them. Public

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disclosure of this information could subject him to violence at the hands of former inmates or the

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associates of current inmates. Thus, the Court finds a compelling need for this information to remain

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private.

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ORDER

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Based upon the foregoing, the Court ORDERS:

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1.

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Plaintiff’s requests to seal (Docs. 18, 19) are GRANTED. The complaint, the first

amended complaint and the summonses (Docs. 1, 3, 4, 5, 7, 8, 10) are SEALED;

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2.

Within three court days, Plaintiff SHALL file redacted copies of the complaint, first

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amended complaint and the summonses on the public docket;

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3.

The Clerk of the Court is DIRECTED to issue first amended summonses listing the

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contact information of Plaintiff’s attorney as the location where the responsive pleading should be

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made.

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IT IS SO ORDERED.
Dated:

February 16, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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