Toscano v. Kernan

Filing 18

ORDER GRANTING Request for Seal Document signed by Magistrate Judge Erica P. Grosjean on 11/28/2016. (Sant Agata, S)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11
BENJAMIN K. TOSCANO,

Case No. 1:16-cv-01554-EPG

12
Plaintiff, ORDER GRANTING REQUEST TO
SEAL DOCUMENT

13
v.
14
15
16

SCOTT KERNAN,
Defendant.

17
18

The Court has reviewed Secretary Scott Kernan’s request to seal the Departmental Review

19

Board Action Chrono dated September 29, 2016, which is attached as Exhibit 1 to the declaration

20

of M. Lujan in support of Secretary Kernan’s opposition to Plaintiff Benjamin K. Toscano’s

21

requests for preliminary injunctive relief. (ECF No. 17-1.) Secretary Kernan requests the Court

22

seal the document to ensure institutional safety and security and protect current and former gang

23

members and associates identified in the document, as well as any persons affiliated with them,

24

from acts of retaliation. (ECF No. 16.)

25

Good cause appearing, the Departmental Review Action Chrono may be filed under seal

26

within 7 days of this order. Because it is possible that the Court may rely upon this document in

27

deciding whether injunctive relief is appropriate, Plaintiff may request that this document be

28

unsealed or released to him. Due to the identified security concerns, however, the Court will not
1

1

unseal or release the document until such time that the parties have had an opportunity to brief

2

whether release of the document is appropriate.

3
4
5

IT IS SO ORDERED.
Dated:

November 28, 2016

/s/
UNITED STATES MAGISTRATE JUDGE

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2