Dawe v. Corrections USA et al

Filing 341

ORDER signed by Senior Judge Lawrence K. Karlton on 6/10/10: The court requests as a courtesy that both sides take steps to ensure that neither these nor similar videos are reposted or otherwise made public pending trial. (Kaminski, H)

1 2 3 4 5 6 7 8 9 10 11 12

+

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA BRIAN DAWE; FLAT IRON MOUNTAIN ASSOCIATES, LLC, formerly known as FLAT IRON MOUNTAIN ASSOCIATES, a Partnership, NO. CIV. S-07-1790 LKK/EFB Plaintiffs, v. ORDER CORRECTIONS USA, a California Corporation; CALIFORNIA CORRECTIONAL PEACE OFFICERS' ASSOCIATION, a California Corporation; JAMES BAIARDI, an individual; DONALD JOSEPH BAUMANN, an individual, Defendants. / AND CONSOLIDATED ACTIONS & RELATED COUNTERCLAIMS / Plaintiffs' counsel informs the court that excerpts from video recordings of depositions in this case have been posted to

13 14 15 16 17 18 19 20 21 22 23 24 25 26

Youtube.com under the name CorrectionsUSA.

See Letter filed May

31, 2010 (Dkt. No. 328). Plaintiffs request that defendants remove these videos, although plaintiffs do not argue that the videos 1

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

violate the protective order in this case or any other legal obligation or prohibition. As such, it may be that the posting of On the other

these videos is protected by the First Amendment.

hand, an order might be necessary to prevent adverse effect on jury selection. Defendants have not filed a response to plaintiff's letter with the court. It appears, however, that these videos have Without determining

already been removed, mooting this dispute.1

the legal rights of either party at this stage, the court requests as a courtesy that both sides take steps to ensure that neither these nor similar videos are reposted or otherwise made public pending trial. IT IS SO ORDERED. DATED: June 10, 2010.

On June 9, 2010, the court attempted to visit the links provided by plaintiffs, and received messages indicating that the videos had been removed by the poster or were otherwise unavailable. 2

1