Phillips-Kerley v. City of Fresno Fire Department, et al.

Filing 117

ORDER DENYING Stipulated Protective Order Without Prejudice (In re: Doc. No. 116-1), signed by Magistrate Judge Barbara A. McAuliffe on 8/12/2021. (Rivera, O)

Case 1:18-cv-00438-AWI-BAM Document 117 Filed 08/13/21 Page 1 of 1
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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DAVID PHILLIPS-KERLEY,

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Plaintiff,
v.
CITY OF FRESNO,

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Case No. 1:18-cv-00438-AWI-BAM
ORDER DENYING STIPULATED
PROTECTIVE ORDER WITHOUT
PREJUDICE
(Doc. No. 116-1)

Defendant.

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On August 10, 2021, the parties filed a proposed stipulated protective order. (Doc. No.

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116-1.) The stipulated protective order fails to identify the standard for sealing documents. Local

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Rule 141.1(e), which states that “documents that are subject to a protective order may be filed

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under seal only if a sealing order is first obtained.” In the stipulated protective order, the parties

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propose “all material filed with the Court containing or disclosing Confidential Information shall

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be filed under seal.” (Doc. No. 116-1 at 11 ¶ 7.5.) The parties fail to include a provision

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acknowledging the requirements for sealing a document. The parties instead propose that all

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documents identified as confidential under the protective order shall be filed under seal. Such a

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clause would be contrary to Local Rule 141.1(e).

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Accordingly, IT IS HEREBY ORDERED that the parties’ request for entry of the
Stipulated Protective Order (Doc. No. 116-1) is DENIED without prejudice. The parties may file
a modified protective order that addresses the requirements of Local Rule 141.1 by identifying the
procedure for sealing documents pursuant to L.R. 141.1(e).
IT IS SO ORDERED.
Dated:

/s/ Barbara

August 12, 2021

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE
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