Praetorian Insurance Company v. A R Business Group, Inc. et al.,

Filing 70

ORDER signed by District Judge Morrison C. England, Jr. on 2/21/2017 ACCORDINGLY it is hereby ORDERED that the Clerk of the Court shall PERMANENTLY REMOVE and DELETE the unredacted version of Plaintiffs' Notice of Appeal. ECF No. #66 . (Reader, L)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PRAETORIAN INSURANCE CO.,

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No. 2:13-cv-02639-MCE-EFB

Plaintiff,
v.

ORDER

A R BUSINESS GROUP, INC., d/b/a
US TIRE & WHEEL; MARSHAUN
TATE; S.T., by and through his
guardian ad litem, KENNETH TATE;
ELISEO QUINTERO, SR.; AIDA
QUINTERO; FORD MOTOR
COMPANY; BRIDGESTONE
AMERICAS, INC.,
Defendants.
On February 13, 2017, Defendants filed a Notice of Appeal. ECF No. 66. That

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noticed identified a minor Defendant by name. Realizing their error, Defendants filed a

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Proposed Order to seal the Notice of Appeal, ECF No. 67, and a redacted version of the

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Notice of Appeal, ECF No. 68, on February 16, 2017.

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The proper procedure is not to place the unredacted version under seal, but to

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strike it from the record. See CBS, Inc. v. United States Dist. Court, 765 F.2d 823, 825–

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26 (9th Cir. 1985) (concluding that an “improvidently filed” document “should be removed

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from the record”). Under Local Rule 140(a)(i), the minors’ names should have been

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redacted from the document, and thus the unredacted notice was improvidently filed.
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Accordingly, it is hereby ORDERED that the Clerk of the Court shall permanently
remove and delete the unredacted version of Plaintiffs’ Notice of Appeal. ECF No. 66.
IT IS SO ORDERED.
Dated: February 21, 2017

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