Johnson v. Sandy et al

Filing 163

ORDER signed by Magistrate Judge Allison Claire on 3/14/16 ORDERING that Defendants' motion to file under seal (ECF No. 162) is granted and defendants shall submit the discovery documents Bates numbered pages 28-34, 36-42, and 46- 51 to the C lerk of the Court for filing under seal in compliance with Local Rule 141(e)(2)(i). Defendants shall re-file and re-serve their original motions for summary judgment with an updated certificate of service within seven days of the filing of this order. In accordance with Local Rule 230(l), plaintiffs response to each motion shall be filed within 21 days after service of the motion. Defendants may reply within seven days after the response has been filed in CM/ECF.(Dillon, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOSEPH JOHNSON, 12 No. 2:12-cv-2922 JAM AC P Plaintiff, 13 v. 14 E. SANDY, et al., 15 ORDER Defendant. 16 17 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 18 U.S.C. § 1983. Currently before the court is defendants’ request to file documents under seal. 19 ECF No. 162. 20 By order filed February 9, 2016, defendants Austin, Cobian, Destafano, Hutcheson, 21 Lahey, Lavagnino, Lavergne, Shadday, Swarthout, and Cruzen were required to provide plaintiff 22 an opportunity to review certain sensitive discovery documents and to file those documents under 23 seal within seven days of plaintiff’s review. ECF No. 160. Defendants now seek to file those 24 documents under seal. ECF No. 162. Because the court already ordered the documents filed 25 under seal (ECF No. 160), it was not necessary for defendants to file this motion. Nevertheless, 26 the motion will be granted, and defendants shall submit the discovery documents Bates numbered 27 pages 28-34, 36-42, and 46-51 to the Clerk of the Court for filing under seal in compliance with 28 Local Rule 141(e)(2)(i). Additionally, since the outstanding discovery issues have now been 1 1 resolved, the court will also set a deadline for defendants to re-submit their motions for summary 2 judgment. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. Defendants’ motion to file under seal (ECF No. 162) is granted and defendants shall 5 submit the discovery documents Bates numbered pages 28-34, 36-42, and 46-51 to the Clerk of 6 the Court for filing under seal in compliance with Local Rule 141(e)(2)(i). 7 2. Defendants shall re-file and re-serve their original motions for summary judgment with 8 an updated certificate of service within seven days of the filing of this order. In accordance with 9 Local Rule 230(l), plaintiff’s response to each motion shall be filed within twenty-one days after 10 service of the motion. Defendants may reply within seven days after the response has been filed 11 in CM/ECF. 12 DATED: March 14, 2016 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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