Roberts v. Ayers, et al

Filing 421

ORDER signed by Magistrate Judge Dale A. Drozd on 3/28/2012 ORDERING that petitioner's 394 Motion to Seal is GRANTED in part and RESERVED in part; the clerk to file UNDER SEAL (a) petitioner's 12/15/10 Request to Seal Documents, (b) respo ndent's 4/28/2011 Response in Partial Opposition to petitioner's Request to Seal, (c) Exhibits GGG, 203, 204, 207, 213, 226, 227, 232, and 361; within 14 days of this court's order resolving petitioner's pending motion for an evidentiary hearing, the parties shall meet and confer to discuss resolution of petitioner's remaining sealing requests, within 14 days thereafter, the parties shall file a joint statement. (Yin, K)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10

LARRY ROBERTS,

11
12
13

Petitioner,

No. CIV S-93-0254 GEB DAD

vs.

DEATH PENALTY CASE

WARDEN, San Quentin State
Prison,

14
15

Respondent.

16

ORDER
/

17

Petitioner has submitted a number of exhibits for filing under seal. (Dkt. No.

18

394.) Respondent agrees the following exhibits should be sealed: Reference Hearing Exhibit

19

GGG; Exhibits 203, 204, 207, 213, 226, 227, 232, and 361. Respondent opposes sealing all or

20

portions of the remaining exhibits submitted by petitioner for filing under seal for a variety of

21

reasons.

22

The exhibits the parties agree to seal contain medical information of non-parties to

23

this action and/or are subject to prior protective orders. (See Dkt. No. 367.) Petitioner has not

24

had an opportunity to reply to respondent’s opposition to sealing of the remaining exhibits.

25

Further, after considering the ruling on the pending motion for an evidentiary hearing, the parties

26

may be able to agree to sealing, redaction, and/or a protective order with respect to these
1

1

remaining exhibits over which sealing is currently disputed.

2

Accordingly, and good cause appearing, IT IS HEREBY ORDERED as follows:

3

1. Petitioner’s December 15, 2010 Motion to Seal (Dkt. No. 394.) is granted in

4

part and reserved in part.

5

2. The Clerk of the Court is ordered to file under seal the following documents:

6

a. Petitioner’s December 15, 2010 Request to Seal Documents;

7

b. Respondent’s April 28, 2011 Response in Partial Opposition to

8

Petitioner’s Request to Seal Documents;

9
10

c. Reference Hearing Exhibit GGG and Exhibits 203, 204, 207, 213, 226,
227, 232, and 361, submitted to this court on December 15, 2010.

11

3. With respect to the remaining exhibits petitioner seeks to have filed under seal,

12

within fourteen days of the filing of this court’s order resolving petitioner’s pending motion for

13

an evidentiary hearing, the parties shall meet and confer to discuss resolution of petitioner’s

14

remaining sealing requests. Within fourteen days thereafter, the parties shall file a joint

15

statement explaining their agreements, including any proposed protective orders, and any

16

remaining disagreements regarding petitioner’s Motion to Seal.

17

DATED: March 28, 2012.

18
19
20
21
22

ddad1:capital

roberts evi ex seal.or

23
24
25
26
2