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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DARREN GILBERT,

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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.

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On November 17, 2022, the parties filed a joint stipulation for protection of documents.

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(Doc. 7.) However, the stipulation suffers from several defects. First, the stipulation includes

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boilerplate language inapplicable to this Americans with Disabilities Act case, such as reference

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to putative class members, personnel records and time records. (Id. at ¶ 1.)

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Second, the stipulation requires compliance with the California Rules of Court for sealing

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documents. (Id. at ¶ 8.) The California Rules of Court do not apply. Rather, the procedure for

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sealing of documents is governed by Local Rule 141.

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Third, the stipulation refers to objections to discovery pursuant to the California Code of

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Civil Procedure. (Id. at ¶ 11.b.) The California Code of Civil Procedure does not apply.

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Discovery in this action is governed by the Federal Rules of Civil Procedure.

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Finally, it is unclear if the parties’ stipulation is intended to be a private agreement
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between or among the parties or a request for protective order. (See id. at ¶ 11 [“Any Party may

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apply to the Court for a Protective Order to be entered consistent with the terms of this Joint

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Stipulation.”].) Local Rule 141.1 sets forth the mechanics of obtaining a protective order in this

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Court. L.R. 141.1(b).

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For these reasons, the Court declines to adopt the parties’ stipulation for protection of

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documents without prejudice. (Doc. 7.) The parties may file a modified proposed stipulated

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protective order that addresses the requirements of Local Rule 141.1 and the defects herein

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identified.

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IT IS SO ORDERED.

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Dated:

/s/ Barbara

November 18, 2022

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE
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