Perez v. Sisto et al

Filing 110

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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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOSE M. PEREZ, Plaintiff, 11 12 vs. 13 No. CIV S-06-2090 KJM-GGH P D.K. SISTO, et al., 14 15 16 Defendants. ORDER / The parties filed a stipulated protective order on December 28, 2011 to govern 17 maintenance and disclosure of the following exhibits: 1) exhibit V - four color photographs taken 18 of Facility 2 Yard; 2) exhibit W - diagram of Facility 2 Yard; and 3) exhibit BB - videotaped 19 interview of plaintiff conducted on February 3, 2006. (ECF 108.) The court hereby ADOPTS 20 the stipulation in part, to the extent it governs the parties’ exchange of information between and 21 among themselves, but DECLINES TO ADOPT paragraph 7 at page 3 lines 4-5. 22 With regard to paragraph 7, which addresses the potential filing with the court of 23 exhibits covered by the stipulation, the parties’ language does not appear to contemplate the 24 possibility that the court may not approve filing the exhibits under seal, even if a party files a 25 proper motion requesting sealing under Local Rule 141.1(c). If a party does move to file the 26 exhibits under seal, the court will at that time evaluate the motion in light of the Local Rule and 1 1 applicable case law. See, e.g., Phillips v. GMC, 307 F.3d 1206, 1210 (9th Cir. 2002) 2 (“Generally, the public can gain access to litigation documents and information produced during 3 discovery unless the party opposing disclosure shows ‘good cause’ why a protective order is 4 necessary.”). 5 Accordingly, the court hereby ORDERS: 6 1. The parties’ stipulated protective order is adopted in part; and 7 2. Paragraph 7 located at page 3 lines 4-5 of the stipulated protective order is 8 not adopted, without prejudice to a party’s filing a proper motion seeking 9 to seal any of the exhibits in connection with a court filing. 10 11 IT IS SO ORDERED. DATED: January 4, 2012. 12 13 UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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