Bettencourt v. Parks et al

Filing 73

ORDER DENYING 71 Motion to Compel Without Prejudice; ORDER DIRECTING Defendants to Refile Motion to Compel in Compliance With Local Rule 141, signed by Magistrate Judge Barbara A. McAuliffe on 6/1/2021. Seven (7) Day Deadline. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GARY RAY BETTENCOURT,

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Plaintiff,

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v.

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PARKER, et al.,

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Case No. 1:16-cv-00150-DAD-BAM (PC)
ORDER DENYING DEFENDANTS’
MOTION TO COMPEL WITHOUT
PREJUDICE
(ECF No. 71)

Defendants.

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ORDER DIRECTING DEFENDANTS TO
REFILE MOTION TO COMPEL IN
COMPLIANCE WITH LOCAL RULE 141

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SEVEN (7) DAY DEADLINE

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Plaintiff Gary Ray Bettencourt (“Plaintiff”) is a state prisoner proceeding pro se and in

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forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on

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Plaintiff’s claims of deliberate indifference in violation of the Eighth Amendment against

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Defendant Crooks for pulling two teeth that did not need to be pulled, and against Defendants

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Parker and Guzman for filing down six healthy teeth with a dental tool used for drilling cavities.

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On May 28, 2021, Defendants filed a Motion to Compel Plaintiff to Respond to

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Defendants’ Discovery Responses. (ECF No. 71.) Defendants also submitted a Notice of

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Request to Seal Documents pursuant to Local Rule 141, specifically, Defendants request that the

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Court seal certain redacted dental records of Plaintiff that were filed in support of the motion to

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compel. (ECF No. 72.) Though Defendants have separately submitted the medical records at
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issue to the Court for review, the records are also attached to Defendants’ motion to compel,

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which was electronically filed on the public docket.

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Pursuant to Local Rule 141, a party seeking to seal documents shall submit a “Notice of

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Request to Seal Documents,” a “Request to Seal Documents,” a proposed order, and all

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documents covered by the Request. L.R. 141(b). While the “Notice of Request to Seal

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Documents” shall be filed electronically, the “Request to Seal Documents,” the proposed order,

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and all documents covered by the Request shall be either emailed to the appropriate Judge or

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Magistrate Judge’s proposed orders e-mail box or submitted on paper to the Clerk. “In either

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case, the Request, proposed order, and submitted documents shall not be filed at this time.” (Id.

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(emphasis added).)
Although the Court has not yet reviewed Defendants’ Request to Seal, in an abundance of

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caution the Court has sealed Defendants’ Motion to Compel to prevent public access to the

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medical records in question. The motion is denied without prejudice, and Defendants are

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instructed to refile the Motion to Compel in compliance with Local Rule 141. Specifically,

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Defendants shall not file on the public docket any of the documents or pages they wish to be

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sealed. Defendants are not required to resubmit the documents to be sealed to chambers unless

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they are changing their request to seal.

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Accordingly, IT IS HEREBY ORDERED as follows:

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1. Defendants’ Motion to Compel, (ECF No. 71), is DENIED, without prejudice; and

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2. Within seven (7) days from the date of service of this order, Defendants shall refile the

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Motion to Compel in compliance with Local Rule 141.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

June 1, 2021

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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