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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 PRAETORIAN INSURANCE CO., 12 13 14 15 16 17 18 19 20 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 21 noticed identified a minor Defendant by name. Realizing their error, Defendants filed a 22 Proposed Order to seal the Notice of Appeal, ECF No. 67, and a redacted version of the 23 Notice of Appeal, ECF No. 68, on February 16, 2017. 24 The proper procedure is not to place the unredacted version under seal, but to 25 strike it from the record. See CBS, Inc. v. United States Dist. Court, 765 F.2d 823, 825– 26 26 (9th Cir. 1985) (concluding that an “improvidently filed” document “should be removed 27 from the record”). Under Local Rule 140(a)(i), the minors’ names should have been 28 redacted from the document, and thus the unredacted notice was improvidently filed. 1 1 2 3 4 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 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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