Darren Gilbert v. Cuevas et al

Filing 8

ORDER DENYING 7 Joint Stipulation for Protection of Documents without Prejudice signed by Magistrate Judge Barbara A. McAuliffe on 11/18/2022. (Sant Agata, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DARREN GILBERT, 12 13 14 15 16 Plaintiff, v. MARICELA CUEVAS dba EL MARINERO; JESSICA ELIZABETH GARIBAY, Case No. 1:22-cv-01130-ADA-BAM ORDER DENYING JOINT STIPULATION FOR PROTECTION OF DOCUMENTS WITHOUT PREJUDICE (Doc. 7) Defendants. 17 18 On November 17, 2022, the parties filed a joint stipulation for protection of documents. 19 (Doc. 7.) However, the stipulation suffers from several defects. First, the stipulation includes 20 boilerplate language inapplicable to this Americans with Disabilities Act case, such as reference 21 to putative class members, personnel records and time records. (Id. at ¶ 1.) 22 Second, the stipulation requires compliance with the California Rules of Court for sealing 23 documents. (Id. at ¶ 8.) The California Rules of Court do not apply. Rather, the procedure for 24 sealing of documents is governed by Local Rule 141. 25 Third, the stipulation refers to objections to discovery pursuant to the California Code of 26 Civil Procedure. (Id. at ¶ 11.b.) The California Code of Civil Procedure does not apply. 27 Discovery in this action is governed by the Federal Rules of Civil Procedure. 28 Finally, it is unclear if the parties’ stipulation is intended to be a private agreement 1 1 between or among the parties or a request for protective order. (See id. at ¶ 11 [“Any Party may 2 apply to the Court for a Protective Order to be entered consistent with the terms of this Joint 3 Stipulation.”].) Local Rule 141.1 sets forth the mechanics of obtaining a protective order in this 4 Court. L.R. 141.1(b). 5 For these reasons, the Court declines to adopt the parties’ stipulation for protection of 6 documents without prejudice. (Doc. 7.) The parties may file a modified proposed stipulated 7 protective order that addresses the requirements of Local Rule 141.1 and the defects herein 8 identified. 9 IT IS SO ORDERED. 10 11 Dated: /s/ Barbara November 18, 2022 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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