Beecham et al v. Roseville City School District et al

Filing 152

ORDER signed by District Judge Kimberly J. Mueller on 10/4/2017 ORDERING that defendants' request to seal ECF No. 146 in its entirety is DENIED. But defendants' request to seal ECF No. 146-1 is GRANTED. ECF No. 146-1 shall be sealed for the duration of the litigation unless otherwise ordered by the court. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DUANE BEECHAM, KIMBERLY
BEECHAM, S.Y.B., a minor by and
through her co-guardians ad litem DUANE
BEECHAM and KIMBERLY BEECHAM;
OLIVER VERGARA, JENNIFER
VERGARA, E.V., a minor by and through
her co-guardians ad litem OLIVER
VERGARA and JENNIFER VERGARA;
and M.B., a minor by and through his
guardian ad litem MANOJ
THOTTASSERI,

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No. 2:15-cv-01022-KJM-EFB
ORDER GRANTING IN PART
DEFENDANTS’ REQUEST TO SEAL
DOCUMENTS

Plaintiffs,
v.
ROSEVILLE CITY SCHOOL DISTRICT,
THERESA VANWAGNER, GEORGE
ROOKS, JERROLD JORGENSEN, and
DOES 1-30,

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Defendants.
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Defendants have filed a Request to Seal Documents. ECF No. 151. Specifically,

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Defendants indicate that exhibits (ECF No. 146-1) attached to the Declaration of Dennis Snelling

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(ECF No. 146) contain unredacted birth dates of minors and parents. ECF No. 151 at 2. Under

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Federal Rule of Civil Procedure 5.2(a)(2) and Local Rule 140(a)(iv), electronic filings with the

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court that contain an individual’s birth date may include only the year of the individual’s birth.

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Defendants have re-filed the Declaration of Dennis Snelling (ECF No. 150) and attached redacted
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exhibits supporting this declaration (ECF No. 150-1), including only the year of birth for any

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document listing an individual’s birth date.

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Having reviewed Defendants’ Request to Seal Documents and ECF Nos. 146, 146-

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1, 150, and 150-1, the court finds that Defendants have made an adequate showing to seal ECF

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No. 146-1 in light of the availability of the appropriately redacted exhibits at ECF No. 150-1. But

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sealing the originally filed Declaration of Dennis Snelling (ECF No. 146) is not justified by

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Defendants’ request because that declaration does not include any individual’s birth date. See

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Kamakana v. City & Cty. of Honolulu, 447 F.3d 1172, 1178–80 (9th Cir. 2006) (requiring a party

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seeking to seal a judicial record to meet either a “compelling reasons” or “good cause” standard).

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Defendants’ request to seal ECF No. 146 in its entirety is DENIED. But

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Defendants’ request to seal ECF No. 146-1 is GRANTED. ECF No. 146-1 shall be sealed for the

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duration of the litigation unless otherwise ordered by the court.

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IT IS SO ORDERED.
DATED: October 4, 2017.

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UNITED STATES DISTRICT JUDGE

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