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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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERT MITCHELL, et al.,
Plaintiffs,

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vs.

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No. 2:08-cv-1196 TLN EFB P

T. FELKER, et al.,
Defendants.

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/

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ORDER

Plaintiffs are state prisoners proceeding with counsel in an action brought under 42

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U.S.C. § 1983. On September 17, 2012, the undersigned approved the parties’ Stipulated

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Protective Order, which permits the parties to in good faith, designate as confidential any

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discovery responses “that might compromise the safety or security of a prison or prisoner.”

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Dckt. No. 123 (“Protective Order”) § A. Plaintiffs now move to remove defendants’

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confidentiality designations from certain pages of the Kelly Harrington deposition transcript, or

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alternatively, to modify the terms of the Protective Order. Dckt. No. 1851; see also Protective

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Order § B(10)(b) (reserving the right of any party to apply to the court for an order removing the

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confidential material designation from any documents).

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Plaintiffs also filed a motion to seal the documents submitted in support of the abovereferenced motion. Dckt. No. 184.
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On June 5, 2013, the court heard plaintiffs’ motion. Attorney Julianne Mossler appeared

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at the hearing on behalf of defendants; attorney Rebekah Evenson appeared on behalf of

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plaintiffs. As stated on the record and for the reasons stated on the record, it is hereby

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ORDERED that:

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1. Plaintiffs’ request to remove the confidentiality designation from pages 362-367, and

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369 of Mr. Kelly Harrington’s March 12, 2013, deposition transcript, as well as accompanying

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exhibits 238 and 241 (Dckt. No. 185) is: (a) granted as to pages 362-367, and 369 and Exhibit

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238; and (b) denied as to Exhibit 241. Thus, pages 362-367, and 369 and Exhibit 238 are not

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confidential and not covered by the Protective Order; Exhibit 241 is confidential and is covered

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by the Protective Order. Plaintiffs’ request to submit Exhibit 241 to the state court under seal

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(Dckt. No. 185) is also denied.

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2. In accordance with the above, plaintiffs’ request to seal (Dckt. No. 184) is: (a) denied

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as to the unredacted request to remove the confidentiality designations and Exhibits A and B

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thereto; and (b) granted as to Exhibit C thereto. The Clerk of Court is directed to file under seal

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Exhibit C.

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DATED: June 6, 2013.

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