Orr v. Brame, et al

Filing 75

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 2/9/2015 ORDERING that Exhibit 26 (ECF 54 -25) to the 54 Declaration of T. Kennedy Helm in Support of Plaintiff's Motion for Summary Judgment is sealed. Plaintiff to file a new Exhibit 26 to replace it that does not contain any material that Defendants consider confidential. (Zignago, K.)

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MICHAEL J. HADDAD (State Bar No. 189114)
JULIA SHERWIN (State Bar No. 189268)
GENEVIEVE K. GUERTIN (State Bar No. 262479)
T. KENNEDY HELM (State Bar No. 282319)
HADDAD & SHERWIN LLP
505 Seventeenth Street
Oakland, California 94612
Telephone: [phone]
Fax: [phone]
Attorneys for Plaintiff
HARRISON LUTHER ORR

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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HARRISON LUTHER ORR,
Individually,
Plaintiff,
vs.

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CALIFORNIA HIGHWAY PATROL, a
public entity; STATE OF CALIFORNIA,
a public entity; CALIFORNIA
HIGHWAY PATROL OFFICERS
BRAME, PLUMB, and DOES 1-10,
individually,

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Defendants.

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Case No. 2:14-cv-0585-WBS-EFB
STIPULATION AND PROPOSED
ORDER REGARDING SEALING OR
LOCKING ECF 54-25

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2:14-cv-0585-WBS-EFB: STIP. AND PROPOSED ORDER TO SEAL/LOCK ECF 54-25.

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The parties in this case, by and through their counsel of record, hereby stipulate, and

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request this Court to order, that Exhibit 26 (ECF 54-25) to the Declaration of T. Kennedy Helm in

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Support of Plaintiff’s Motion for Partial Summary Judgment (ECF 54) be sealed or locked.

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Plaintiff will replace the current Exhibit 26 with a new Exhibit 26 containing no confidential

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material. This joint request is based on the following:

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1. Defendants inadvertently did not clearly designate the material comprising Exhibit

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26 (ECF 54-25) as confidential pursuant to the terms of the Protective Order (ECF

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30) until after Plaintiff had filed it as an exhibit and Plaintiff did not give notice

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beforehand to Defendants that it was filing ECF 54-25.

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2. Defendant State of California, appearing by and through the Department of

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California Highway Patrol (CHP), greys out sections of the Highway Patrol Manual

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(HPM) to indicate material which it restricts from public disclosure because such

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disclosure could jeopardize officer safety.

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3. Plaintiff’s current Exhibit 26 (ECF 54-25) contains a substantial amount of greyedout text in HPM 70.6, Chapter 2.
4. Defendants are concerned that the material in Exhibit 26 (ECF 54-25) should not be
in the public domain for officer-safety reasons.
5. Plaintiff agrees to file a new Exhibit 26 which Defendants agree contains no
confidential material that requires it to be sealed.

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SO STIPULATED.

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Dated: January 28, 2015

HADDAD & SHERWIN LLP

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/s/ T. Kennedy Helm
T. KENNEDY HELM
Attorneys for Plaintiff
HARRISON LUTHER ORR

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2:14-cv-0585-WBS-EFB: STIP. AND PROPOSED ORDER TO SEAL/LOCK ECF 54-25

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Dated: February 4, 2015

KAMALA D. HARRIS
Attorney General of California
PETER A. MESHOT
Supervising Deputy Attorney General
/s/ Stephen C. Pass*
STEPHEN C. PASS
Deputy Attorney General
Attorney for Defendants
STATE OF CALIFORNIA, APPEARING BY AND
THROUGH DEPARTMENT OF CALIFORNIA
HIGHWAY PATROL, TERRY PLUMB AND JAY
BRAME

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* Mr. Pass provided his consent that this document be electronically filed.
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2:14-cv-0585-WBS-EFB: STIP. AND PROPOSED ORDER TO SEAL/LOCK ECF 54-25

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ORDER
This Court orders that Exhibit 26 (ECF 54-25) to the Declaration of T. Kennedy Helm in

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Support of Plaintiff’s Motion for Summary Judgment (ECF 54) be sealed. Plaintiff will file a new

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Exhibit 26 to replace it that does not contain any material that Defendants consider confidential.

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IT IS SO ORDERED.

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Dated: February 9, 2015

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2:14-cv-0585-WBS-EFB: STIP. AND PROPOSED ORDER TO SEAL DOC. 54-25.