Perez v. Sisto et al
Filing
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ORDER signed by Judge Kimberly J. Mueller on 1/4/2012 re 108 Stipulation and Proposed Order filed by Jose Manuel Perez ORDERING the parties' stipulated protective order is ADOPTED in part; paragraph 7 located at page 3 lines 4-5 of the stipulated protective order is NOT ADOPTED, without prejudice to a party's filing a proper motion seeking to seal any of the exhibits in connection with a court filing. (Waggoner, D)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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JOSE M. PEREZ,
Plaintiff,
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vs.
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No. CIV S-06-2090 KJM-GGH P
D.K. SISTO, et al.,
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Defendants.
ORDER
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The parties filed a stipulated protective order on December 28, 2011 to govern
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maintenance and disclosure of the following exhibits: 1) exhibit V - four color photographs taken
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of Facility 2 Yard; 2) exhibit W - diagram of Facility 2 Yard; and 3) exhibit BB - videotaped
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interview of plaintiff conducted on February 3, 2006. (ECF 108.) The court hereby ADOPTS
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the stipulation in part, to the extent it governs the parties’ exchange of information between and
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among themselves, but DECLINES TO ADOPT paragraph 7 at page 3 lines 4-5.
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With regard to paragraph 7, which addresses the potential filing with the court of
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exhibits covered by the stipulation, the parties’ language does not appear to contemplate the
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possibility that the court may not approve filing the exhibits under seal, even if a party files a
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proper motion requesting sealing under Local Rule 141.1(c). If a party does move to file the
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exhibits under seal, the court will at that time evaluate the motion in light of the Local Rule and
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applicable case law. See, e.g., Phillips v. GMC, 307 F.3d 1206, 1210 (9th Cir. 2002)
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(“Generally, the public can gain access to litigation documents and information produced during
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discovery unless the party opposing disclosure shows ‘good cause’ why a protective order is
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necessary.”).
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Accordingly, the court hereby ORDERS:
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1.
The parties’ stipulated protective order is adopted in part; and
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2.
Paragraph 7 located at page 3 lines 4-5 of the stipulated protective order is
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not adopted, without prejudice to a party’s filing a proper motion seeking
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to seal any of the exhibits in connection with a court filing.
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IT IS SO ORDERED.
DATED: January 4, 2012.
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UNITED STATES DISTRICT JUDGE
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