Anderson v. Virga et al
ORDER signed by Chief District Judge Kimberly J. Mueller on 8/1/2022 GRANTING 153 Request to Seal 151 Objections to Findings and Recommendations. (Reader, L)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
No. 2:15-cv-01148-KJM-JDP (PC)
Tim Virga, et al.,
The court closed this case based on a stipulation for dismissal between the parties. ECF
No. 145. Nonetheless, plaintiff later moved for a preliminary injunction and the assigned
magistrate judge issued findings and recommendations. Findings and Recommendations, ECF
No. 150. The plaintiff filed objections. Obj., ECF No. 151. The court adopted the findings and
recommendations and denied the motion. Order, ECF No. 152. Plaintiff now requests the court
seal his objections, given that they contain information that he says could put him at risk and that
he did not understand would be filed on the public docket. Req. to Seal, ECF No. 153.
There is a strong presumption in favor of public access to court records. See Phillips v.
Gen. Motors Corp., 307 F.3d 1206, 1210 (9th Cir.2002). However, “access to judicial records is
not absolute.” Kamakana v. City & Cnty. of Honolulu, 447 F.3d 1172, 1178 (9th Cir.2006). The
Ninth Circuit has distinguished between the public's interest in accessing court records filed in
connection with nondispositive and dispositive motions. See Phillips, 307 F.3d 1206; Foltz v.
State Farm Mut. Auto. Ins. Co., 331 F.3d 1122 (9th Cir.2003); Kamakana, 447 F.3d at 1172; In re
Midland Nat’l Life Ins. Co., 686 F.3d 1115, 1119 (9th Cir.2012).
For a non-dispositive motion, such as the underlying motion for preliminary injunctive
relief, “a particularized showing, . . . under the good cause standard of Rule 26(c) will suffice[ ] to
warrant” sealing. Kamakana, 447 F.3d at 1180 (internal quotation marks and citation omitted)
(alteration in original). As noted, plaintiff represents he did not know his court filing was made
public; he says the information he disclosed could “jeopardize ongoing investigations.” Req. to
Seal at 1. Given that the information in the objections is entirely unrelated to plaintiff’s initial
claims or any dispositive filing, see Findings and Recommendations at 2, and the public nature of
his objections may place plaintiff at an increased risk the court finds there is good cause to seal
The court grants the request to seal (ECF No. 153). The Clerk of Court is directed to seal
the objections (ECF No. 151).
IT IS SO ORDERED.
DATED: August 1, 2022.
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