Truthout v. Department of Justice

Filing 30

ORDER signed by Judge Lawrence K. Karlton on 9/11/13 ORDERING that the Plaintiff file a brief in support of the requested redaction and sealing no later than 10/14/13; the Clerk is directed to maintain ECF 27-2 in redacted form and ECF 27-3 and 27-14 under seal until such time as the court orders otherwise. (Manzer, C)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TRUTHOUT,
NO. CIV. S-12-2601 LKK/CKD

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Plaintiff,
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v.

O R D E R

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DEPARTMENT OF JUSTICE,
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Defendant.
/

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The court is in receipt of plaintiff Truthout’s Emergency

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Motion to Seal Three Docket Entries. (ECF No. 28.) On September 11,

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2013, defendant U.S. Department of Justice filed a statement of

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non-opposition to this motion. (ECF No. 29.) Plaintiff seeks the

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redaction of its client’s privacy waiver and the sealing of its

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client’s FBI file, both filed by defendant in support of the

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latter’s summary judgment motion. (Hardy Decl. Exhs. C, Y, ECF

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Nos. 27-2 at 66, 27-3, 27-4.)

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Due to the sensitive nature of the information in these

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documents, the court has ordered the Clerk of the Court to

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provisionally redact Exhibit C and seal Exhibit Y.

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Nevertheless, the court must safeguard the “general right to
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inspect and copy public records and documents, including judicial

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records and documents.” Nixon v. Warner Commc’ns, Inc., 435 U.S.

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589,

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‘traditionally kept secret,’ a ‘strong presumption in favor of

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access’ is the starting point.” Kamakana v. City and Cnty. of

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Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006) (quoting Foltz v.

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State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1135 (9th Cir.

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2003)). In order to overcome this strong presumption, a party

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seeking to seal a judicial record must articulate justifications

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for sealing that outweigh the historical right of access and the

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public policies favoring disclosure. See id. at 1178–79.

597

(1978).

“Unless

a

particular

court

record

is

one

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As the Ninth Circuit has made clear, “the resolution of a

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dispute on the merits, whether by trial or summary judgment, is at

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the heart of the interest in ensuring the ‘public’s understanding

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of

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Kamakana, 447 F.3d at 1179 (quoting Valley Broad. Co. v. U.S. Dist.

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Court for Dist. of Nev., 798 F.2d 1289, 1294 (9th Cir. 1986)).

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Accordingly, a party seeking to seal a judicial record attached to

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a dispositive motion must articulate “compelling reasons” in favor

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of

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reasons’ . . . exist when such ‘court files might have become a

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vehicle for improper purposes,’ such as the use of records to

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gratify private spite, promote public scandal, circulate libelous

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statements, or release trade secrets.” Id. (citing Nixon, 435 U.S.

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at 598).

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the

judicial

sealing.

See

process

id.

and

at

of

significant

1178.

“In

public

general,

events.’”

‘compelling

Under the “compelling reasons” standard, a district court must
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weigh “relevant factors,” base its decision “on a compelling

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reason,” and “articulate the factual basis for its ruling, without

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relying on hypothesis or conjecture.” Pintos v. Pac. Creditors

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Ass’n, 605 F.3d 665, 679 (9th Cir. 2010) (quoting Hagestad v.

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Tragesser, 49 F.3d 1430, 1434 (9th Cir. 1995)).

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In light of the foregoing, the court hereby orders as follows:

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[1] Plaintiff is DIRECTED to file a brief in support of the

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requested redaction and sealing no later than October 14,

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2013.

In

its

brief,

in

addition

to

setting

forth

the

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“compelling reasons” for its motion, plaintiff is to address

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the issue of why sealing, rather than selective redaction, of

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Exhibit Y is necessary. Plaintiff’s brief may be no longer

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than twenty (20) pages in length.

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[2] The Clerk of the Court is DIRECTED to maintain ECF

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No. 27-2 at 66 in redacted form and ECF Nos. 27-3 and 27-4

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under seal until such time as the court orders otherwise.

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IT IS SO ORDERED.

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DATED:

September 11, 2013.

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