Coleman, et al v. Schwarzenegger, et al

Filing 8073

STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 11/29/23 GRANTING 8072 Request to File Suicide Reports Under Seal. (Licea Chavez, V)

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ROB BONTA, State Bar No. 202668
Attorney General of California
MONICA N. ANDERSON, State Bar No. 182970
Senior Assistant Attorney General
DAMON MCCLAIN, State Bar No. 209508
Supervising Deputy Attorney General
ELISE OWENS THORN, State Bar No. 145931
NAMRATA KOTWANI, State Bar No. 308741
Deputy Attorneys General
1300 I Street, Suite 125
P.O. Box 944255
Sacramento, CA 94244-2550
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendants

HANSON BRIDGETT LLP
PAUL B. MELLO, SBN 179755
SAMANTHA D. WOLFF, SBN 240280
KAYLEN KADOTANI, SBN 294114
LAUREL O'CONNOR, SBN 305478
DAVID C. CASARRUBIAS, SBN 321994
CARSON R. NIELLO, SBN 329970
1676 N. California Boulevard, Suite 620
Walnut Creek, CA 94596
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendants

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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RALPH COLEMAN, et al.,

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v.

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GAVIN NEWSOM, et al.,

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Case No. 2:90-cv-00520 KJM-DB (PC)
Plaintiffs, STIPULATION AND ORDER
GRANTING DEFENDANTS’ REQUEST
TO FILE 2022 SUICIDE REPORTS
UNDER SEAL PURSUANT TO LOCAL
RULE 141
Defendants. Judge: The Hon. Kimberly J. Mueller

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On July 25, 2022, the court adopted in full the California Department of Corrections and

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Rehabilitation’s (CDCR) Annual Suicide Report Proposal for Assuming the Annual Suicide

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Monitoring Report. (ECF No. 7574 and ECF No. 7592.) As required by the proposal, CDCR

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filed its 2022 Report on Suicides on October 24, 2023. (ECF No. 8027.) The proposal also

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requires CDCR to submit the individual suicide reports for suicides completed in 2022 to the

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Special Master and Plaintiffs under separate cover and conditionally lodge them under seal. (ECF

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No. 7574 at 15.) Defendants therefore submit this request consistent with their proposal.

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[4392252.1]

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Stip. and Order Granting Defs’ Req. to File 2022 Suicide Reports Under Seal (2:90-cv-00520 KJM-DB (PC))
17953079.1

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REQUEST TO SEAL DOCUMENTS
Under Local Rule 141, documents may be filed under seal only by written order of the

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court upon the showing required by applicable law. A party seeking to seal a document must

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submit a request to the court indicating the statutory or other authority for sealing. The court may

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properly seal records from disclosure to the public if the party submitting the records articulates

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compelling reasons to do so. Kamakana v. City & Cnty. Of Honolulu, 447 F.3d 1172, 1178 (9th

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Cir. 2006). On February 25, 2020, this Court ordered that “[t]he provisions of Local Rule 141(c)

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notwithstanding, all requests to seal documents shall be accompanied by a stipulation of all

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counsel consenting to the sealing request.” (Protective Order, ECF No. 6482 at 3.)

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Defendants request that the Court seal the nineteen individual suicide reports, 567 pages

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in total, attached as Exhibits A through S to the enclosed letter from CDCR, that were submitted

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to the Special Master and Plaintiffs under separate cover, as required under the proposal. (ECF

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No. 7574 at 15.) Defendants request, and Plaintiffs agree, that these documents be filed under

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seal because they contain identifying information that is sensitive, private, confidential, and

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subject to the protective order entered in this action on February 25, 2020. (Protective Order,

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ECF No. 6482.) The nineteen suicide reports were provided to the Court by electronic mail

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concurrently with the submission of this stipulation and [proposed] order.
If the Court approves this stipulated request to file under seal, Defendants will file the

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letter and reports in sealed form to protect the privacy of the incarcerated persons referenced in

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the reports.

In light of the foregoing, the parties request that the Court seal the nineteen individual

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suicide reports indefinitely, and that only the Court, authorized court personnel, Plaintiffs’

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counsel, Defendants, and Defendants' counsel be permitted access to these documents.

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Nothing in this stipulation is intended to modify the Parties’ rights to use the information in

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the nineteen individual suicide reports in a manner consistent with the protective orders

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applicable in this case.
IT IS SO STIPULATED.

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[4392252.1]

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Stip. and Order Granting Defs’ Req. to File 2022 Suicide Reports Under Seal (2:90-cv-00520 KJM-DB (PC))
17953079.1

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DATED: November 27, 2023

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ROB BONTA

Attorney General of California
DAMON MCCLAIN

Supervising Deputy Attorney General

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By: /s/ Elise Owens Thorn

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ELISE OWENS THORN

Deputy Attorney General

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Attorneys for Defendants

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DATED: November 27, 2023

Respectfully submitted,
ROSEN BIEN GALVAN & GRUNFELD LLP

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By: /s/ Michael Nunez

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Attorneys for Plaintiffs

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ORDER

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The Court, having considered Defendants’ request and the parties’ stipulation, and

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good cause appearing, hereby grants Defendants’ request to file the individual suicide

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reports under seal.

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IT IS SO ORDERED.
DATED: November 29, 2023.

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[4392252.1]

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Stip. and Order Granting Defs’ Req. to File 2022 Suicide Reports Under Seal (2:90-cv-00520 KJM-DB (PC))
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