Draper v. Rosairo et al

Filing 263

ORDER signed by Judge Kimberly J. Mueller on 10/6/2014. During Trial, plaintiff sought to admit the Declaration of a witness describing interaction between plaintiff and defendant Rosario giving rise to instant lawsuit. The Court denied the Motion to Admit the declaration, but allowed plaintiff to provide a copy of Declaration for the record. In light of the showing made during Trial and as part of Request to Seal, that maintaining the Declaration in the public record might endanger the affiant, the Court is GRANTING plaintiff's Motion to Submit unredacted Declaration dated 1/28/2014 under seal,accessible only to counsel for plaintiff and defendant. See Hunt v. Fields, No. 2:09-CV-3525 KJM GGH P, 2012 WL 3070413, at *2 (E.D. Cal. July 26, 2012). Clerk directed to file witness declaration UNDER SEAL. (Marciel, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11
JOHN CLINT DRAPER,

No. 2:10-CV-0032 KJM EFB

12
Plaintiff,
13
v.

ORDER

14
D. ROSARIO, et al.,
15
Defendant.
16
17

During trial, plaintiff sought to admit the declaration of a witness describing the

18

interaction between plaintiff and defendant Rosario giving rise to the instant lawsuit. The court

19

denied the motion to admit the declaration, but allowed plaintiff to provide a copy of the

20

declaration for the record. In light of the showing made during trial and as part of the request to

21

seal, that maintaining the declaration in the public record might endanger the affiant, the court

22

grants plaintiff’s motion to submit the unredacted declaration dated January 28, 2014 under seal,

23

accessible only to counsel for plaintiff and defendant. See Hunt v. Fields, No. 2:09-CV-3525

24

KJM GGH P, 2012 WL 3070413, at *2 (E.D. Cal. July 26, 2012). The Clerk of the Court is

25

directed to file the witness declaration under seal.

26
27

IT IS SO ORDERED.
DATED: October 6, 2014.
UNITED STATES DISTRICT JUDGE

28
1