Alston v. County of Sacramento Sheriff's Department et al

Filing 33

ORDER signed by Magistrate Judge Deborah Barnes on 8/29/2017 GRANTING 32 Request to Seal. Defendants' 31 Confidential Settlement Conference Statement is SEALED. (Donati, J)

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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 ERIC ALSTON, 12 13 14 15 16 17 18 19 20 21 22 23 No. 2:13-cv-1488 KJM DB P Plaintiff, v. ORDER COUNTY OF SACRAMENTO, SACRAMENTO COUNTY SHERIFF’S DEPARTMENT, SHERIFF SCOTT JONES, SACRAMENTO COUNTY RIO CONSUMNES CORRECTIONAL CENTER DIVISION COMMANDER CAPTAIN MILO FITCH, PATIENT GRIEVANCE COORDINATOR CORRECTIONAL HEALTH SERVICES KATHRYN GONZALES LVN, LT. DOUGLAS, SGT. STEED, SGT. HARRISON, SGT. BACOCH, DEPUTY OUTMAN, DEPUTY MROZINSKI, DEPUTY TRIPLETT, DEPUTY GANDHI, DEPUTY GRGICH, DEPUTY CARAMELLO, DEPUTY RALSTON, et al., Defendants. 24 25 Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights 26 action under 42 U.S.C. § 1983. On August 21, 2017, defendants mistakenly filed their 27 confidential settlement conference statement on the public docket. (ECF No. 31.) On August 25, 28 2017, defendants filed a request to seal that filing. 1 1 In evaluating requests to seal, the court starts “‘with a strong presumption in favor of 2 access to court records.’” Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 1096 (9th 3 Cir. 2016) (quoting Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1135 (9th Cir. 4 2003)). “The presumption of access is ‘based on the need for federal courts, although 5 independent – indeed, particularly because they are independent – to have a measure of 6 accountability and for the public to have confidence in the administration of justice.’” Id. 7 (quoting United States v. Amodeo, 71 F.3d 1044, 1048 (2d Cir. 1995)). A request to seal material 8 must normally meet the high threshold of showing that “compelling reasons” support secrecy. Id. 9 (citing Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006)). 10 However, where the material is, at most, “tangentially related to the merits of a case,” the request 11 to seal may be granted on a showing of “good cause.” Id. at 1097-1101. 12 Here, the material at issue is at most tangentially related to the merits of this case, as the 13 document relates to defendants’ settlement position. Moreover, given defendants’ error, the 14 undersigned finds good cause to grant defendants’ request to seal. 15 Accordingly, for the reasons stated above, IT IS HEREBY ORDERED that: 16 1. Defendants’ August 25, 2017 request to seal (ECF No. 32) is granted; and 17 2. The Clerk of the Court shall file defendants’ confidential settlement conference 18 statement (ECF No. 31) under seal. 19 Dated: August 29, 2017 20 21 22 23 24 25 DLB:6 DB/orders/orders.prisoner.civilrights/alston1488.seal.grt.ord 26 27 28 2

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