Mitchell v. Skyline Homes

Filing 170

ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/1/2011 ORDERING that The 158 motion to retain confidentiality is GRANTED. [151-3] Exhibit C to the Scarlett declaration shall be filed under seal. The request to seal and exhibit, having b een previously submitted to the undersigned's proposed orders e-mail box as provided under Local Rule 141(b), shall be filed under seal by the Clerk of Court. Notwithstanding the provisions of Local Rule 141(e)(2)(i) no further submission is required by plaintiff.(Duong, 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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CHRISTINA MITCHELL, et al.,

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Plaintiffs,

No. CIV S-09-2241 CKD

vs.
SKYLINE HOMES,
Defendant.

ORDER
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Defendant’s motion to retain the confidentiality of documents produced in

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discovery (dkt. no. 158) is pending before the court. The parties have submitted a letter brief on

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the issue as directed by the court’s November 15, 2011 order. Upon review of the letter brief,

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and good cause appearing, THE COURT FINDS AS FOLLOWS:

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In conjunction with plaintiffs’ further briefing on a motion for sanctions (dkt. 150,

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151), plaintiffs submitted a document (Scarlett Decl., Exh. C, dkt. no. 151-3) produced by

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defendant during discovery, which was designated by defendant as “confidential” under the

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protective order previously entered in this action. Plaintiff filed a notice of request to seal (dkt.

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no. 152) but contested the propriety of maintaining the confidentiality of the document, despite

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its readily apparent confidential, proprietary nature. Now six weeks after that filing, and after

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defendant was forced to engage in motion practice and briefing on the issue, the letter brief

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indicates that plaintiffs’ counsel informed defendant’s counsel the day the letter brief was due
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that plaintiffs do not oppose the motion to retain confidentiality.

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The protective order (dkt. no. 71) provides detailed procedures for meeting and

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conferring regarding challenges to confidentiality designations and for appropriate judicial

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intervention thereafter if the parties cannot resolve the issue. It appears that plaintiffs’ counsel

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would benefit from a careful study of that document. Also commended to plaintiffs’ counsel’s

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reading are the provisions of 28 U.S.C. § 1927.

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The court reviewed Exhibit C in conjunction with disposition of the motion for

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sanctions. The document shall accordingly be made a part of the record, but shall be filed under

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seal.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The motion to retain confidentiality (dkt. no. 158) is granted.

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2. Exhibit C to the Scarlett declaration (dkt. no. 151-3) shall be filed under seal.

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The request to seal and exhibit, having been previously submitted to the undersigned’s proposed

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orders e-mail box as provided under Local Rule 141(b), shall be filed under seal by the Clerk of

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Court. Notwithstanding the provisions of Local Rule 141(e)(2)(i), no further submission is

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required by plaintiff.

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Dated: December 1, 2011

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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mitchell11.tea

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