Mitchell v. Felker et al

Filing 207

ORDER signed by Magistrate Judge Edmund F. Brennan on 6/6/2013 ORDERING that plaintiff's 185 request to remove the confidentiality desination from pages of Mr. Kelly Harrington's 3/12/13, deposition transcript, as well as accompanying exhibits is GRANTED as to pages 362-367, and 369 and Exhibit 238, and DENIED as to Exhibit 241; plaintiffs' 185 request to submit Exhibit 241 to the state court under seal is also DENIED; plaintiff's 184 request to seal is GRANTED in part and DENIED in part; the Clerk shall file UNDER SEAL Exhibit C. (See Order for Details) (Yin, K)

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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 ROBERT MITCHELL, et al., Plaintiffs, 11 12 vs. 13 No. 2:08-cv-1196 TLN EFB P T. FELKER, et al., Defendants. 14 / 15 16 ORDER Plaintiffs are state prisoners proceeding with counsel in an action brought under 42 17 U.S.C. § 1983. On September 17, 2012, the undersigned approved the parties’ Stipulated 18 Protective Order, which permits the parties to in good faith, designate as confidential any 19 discovery responses “that might compromise the safety or security of a prison or prisoner.” 20 Dckt. No. 123 (“Protective Order”) § A. Plaintiffs now move to remove defendants’ 21 confidentiality designations from certain pages of the Kelly Harrington deposition transcript, or 22 alternatively, to modify the terms of the Protective Order. Dckt. No. 1851; see also Protective 23 Order § B(10)(b) (reserving the right of any party to apply to the court for an order removing the 24 confidential material designation from any documents). 25 1 26 Plaintiffs also filed a motion to seal the documents submitted in support of the abovereferenced motion. Dckt. No. 184. 1 1 On June 5, 2013, the court heard plaintiffs’ motion. Attorney Julianne Mossler appeared 2 at the hearing on behalf of defendants; attorney Rebekah Evenson appeared on behalf of 3 plaintiffs. As stated on the record and for the reasons stated on the record, it is hereby 4 ORDERED that: 5 1. Plaintiffs’ request to remove the confidentiality designation from pages 362-367, and 6 369 of Mr. Kelly Harrington’s March 12, 2013, deposition transcript, as well as accompanying 7 exhibits 238 and 241 (Dckt. No. 185) is: (a) granted as to pages 362-367, and 369 and Exhibit 8 238; and (b) denied as to Exhibit 241. Thus, pages 362-367, and 369 and Exhibit 238 are not 9 confidential and not covered by the Protective Order; Exhibit 241 is confidential and is covered 10 by the Protective Order. Plaintiffs’ request to submit Exhibit 241 to the state court under seal 11 (Dckt. No. 185) is also denied. 12 2. In accordance with the above, plaintiffs’ request to seal (Dckt. No. 184) is: (a) denied 13 as to the unredacted request to remove the confidentiality designations and Exhibits A and B 14 thereto; and (b) granted as to Exhibit C thereto. The Clerk of Court is directed to file under seal 15 Exhibit C. 16 DATED: June 6, 2013. 17 18 19 20 21 22 23 24 25 26 2

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