Hargrove v. City of Bakersfield et al
Filing
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ORDER DENYING 63 Plaintiff's Request to Seal Documents, signed by Magistrate Judge Jennifer L. Thurston on 10/1/2019. (Hall, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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TATYANA HARGROVE,
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Plaintiff,
v.
Case No.: 1:17-cv-01743- JLT
ORDER DENYING PLAINTIFF’S REQUEST
TO SEAL DOCUMENTS
(Doc. 33)
CITY OF BAKERSFIELD, et al.,
Defendants.
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As agreed by the parties, the plaintiff has sought to have her opposition to the motions in
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limine and her opposition to the change in the City’s Rule 30(b)(6) witness filed under seal. The
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only rationale for the sealing was that the parties had agreed that certain depositions, upon which
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her oppositions rely, would be treated as confidential. In reviewing the oppositions, the Court
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finds the request for sealing is not supported by law.
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Federal Rule of Civil Procedure 26(c) determines when documents may be sealed. The
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Rule permits the Court to issue orders to “protect a party or person from annoyance,
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embarrassment, oppression, or undue burden or expense, including . . . requiring that a trade secret
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or other confidential research, development, or commercial information not be revealed or be
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revealed only in a specified way.” Only if good cause exists may the Court seal the information
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from public view after balancing “the needs for discovery against the need for confidentiality.’”
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Pintos v. Pac. Creditors Ass’n, 605 F.3d 665, 678 (9th Cir. Cal. 2010) (quoting Phillips ex rel.
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Estates of Byrd v. Gen. Motors 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
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v. Erection Co., 900 F.2d 168, 170 (9th Cir. 1990); see also Kamakana v. City and County of
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Honolulu, 447 F.3d 1172, 1178 (9th Cir.2006); Foltz v. State Farm Mut. Auto Ins. Co., 331 F.3d
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1122, 1134 (9th Cir.2003). The Court may seal documents only when the compelling reasons for
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doing so outweigh the public’s right of access. EEOC at 170. In evaluating the request, the Court
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considers the “public interest in understanding the judicial process and whether disclosure of the
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material could result in improper use of the material for scandalous or libelous purposes or
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infringement upon trade secrets.” Valley Broadcasting Co. v. United States District Court, 798
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F.2d 1289, 1294 (9th Cir. 1986).
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Notably, this Court’s Local Rule 141 sets forth how a request to seal documents should be
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made. In addition, the legal authority recited here demonstrates that sealing may occur only if good
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cause is shown. Though the Court issued the stipulated protective order, this order did not
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authorize filings under seal. (Doc. 21 at 4) Because there is not good cause shown for the request,
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the request is DENIED. Either side may renew this request.
ORDER
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Based upon the foregoing, the Court ORDERS:
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Plaintiff’s request to seal (Doc. 63) is DENIED without prejudice. Counsel
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SHALL immediately confer as to whether the request for sealing will be renewed. If either side
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intends to do this, the request SHALL be made no later than noon on October 3, 2019. If neither
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side wishes to renew the request, the plaintiff SHALL file a notice to this effect and she SHALL
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file her unredacted oppositions on the public docket immediately. Failure of counsel to timely
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meet and confer will not excuse Plaintiff from filing her unredacted documents as ordered.
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IT IS SO ORDERED.
Dated:
October 1, 2019
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
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